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0-10 (Rew. 9-7-58) . 7 a Ve No Specific Power em y~ “ There is nothing IPRANE in ‘RIGH COURT DECISIONS’ eta: REFLECT NEW DIVISION Sees ss Peharter that have yvariéd with ‘ghanging times and changing}: ‘fudicial personnel. Nevertheless, |’ ft has been established as a) practical method of orderly gov-|“ ernment that the other two branches, the states and private T ‘Htigants are subject to the ‘re- ‘atraints the Supreme Court of|: Holle the day finds in the Constitu-!' Gand ‘tion, whereas the court Itself is ‘Risenhower Appointees and Two : Named by Roosevelt Have J oined | In Majority on Civil Liberties. ‘wubject to no restraints save im: "TRUMAN MEN ARE DISSENTERS rable tno entrain ore 4a Duna hag DeCcome the final ar- de ae E . . , By ARTHUR KROCK ne p? biter of the American constitu- iy ” ia /WAS ; Sto tional system, which, in the epit- > 7 HINGTON, June 22--The public impact of the re- ome of Chatles Evans “Hughes \ -i0 eh “cent decisions of th preme Court that curbed both the “is what the'Judges say It is.” Executive and Congreat Graal arity measures evoked These determinations some- Kd “by international communism, and extended the limits on the Himes have been consistent for ‘inter-relation of non-competitive corporations, was not ¢ “ind litigants cherish ‘ind now “ated primarily by their inherent assertion of judicial suprem-| @F as “continuity in the Jaw.” But acy over the two coordinate branches of the Federal Gov-|: ‘perlodically,*as the public phi- _ ernment. The Supreme Court began that assertion of power losophy changts, especially when 40028 2.7 1 eta 2 this is indicated massively at 2007 BG. ; in new majorities, the line of its a% ‘language employed and by the number that issued from the Court in a brief span. . The path to judicial suprem- sacy—for which judges prefer the euphemism of judicial re- .Yiew—was opened by Chief Justice Marshall in 1803 in Mavr- bury v. Madison. But for the ,fext sixty-two years the Sy- preme Court invalidated only determinations veers to the ‘right or Jeft, and what wag re- ‘cently the Constitution ceases INDEXED - 39 “to be, That shift occurred after . the New Deal triumph at the]. election of 1936. It has occurred |" again, but for a different and curloug reason, , Bieadily pursued it. The public impact w lis. and hi in th created by tue nature of the decisions, by the breadth of ue ~~ pereennel “of the court. create : Dnerpected Coalition oO 7 4, -21555. 4 or SOT RECORDED two acts of Congress, and the _ ii digh tribunal did not project the This reason is that three of! 44 JUL 3 1957 j rulings as binding nor did the , President Eisenhower's appoln- ' other Federal branches accept tees to the court-—the Chief —— them as mich. Since then, how- Justica and Justices Harlan and _Sver, Supreme Court invalida- Brennaw—have found common Wash. Post and ZHons of legislation and Execu- ground in cases involving civil Ti Herald *hve acts as unconstitutional]! Wberties -with two of President mes Hera have taken”on the force of fi- F. D, Roosevelt’s appointees—} Wash, News “hality (except in cases where Justices Black and Douglas. To Wash. Star “Congress could overcome them complete the paradox the most ° ‘ “by new legisiation), And the consistent dissenters to the views| N. Y. Herald :’ American. people have falledato), of this combination have been Tribune 7 tind merit fn any subéfitute that!! appointees of President Truman| 4 yy 1 ites been proposed, | —Justices Burton and Clark. - Y. Journal- vet Some but not all of the re- American cent decisions that have been N. Y. Mirror BANUL 8 1987 hailed and criticized by many Vare the plain product of hese ‘changes of personnel from the ‘eourt whose chief was the late “Fred M. Vinson. The dissenters tof that period are now in the *majority, and vice versa. And ta tendency of Chief Justice i Warren and Justice Black ta | eoueh rulings in sweeping lan- guage has increased the number : of separate concurrences moved the dissentery to contend; i ne (a) that no one coul wach territory rs * mnajorit was arity was taking in, or Oh N.Y. Daily Ne N, Y. Times “EZ Daily Worker The Worker New Leader