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Supreme Court — Part 23
Page 47
47 / 55
ts ok pete Ter
Pee ad ” Dissents by
. Cited, as U
propagated... 6 = s,s
y Actually, Congress has au-
thority over the Supreme
Court and can nullify its de-
seisiona at will,.in many in-
ces by the simple method
. ifying by law. what
vases the Supreme Court may
msy not pass upon. there-
ter. The Constitution says:
i “In all oases affecting am-
party, , the. Supreme
shall Have original duriedic.
ion.” “In “In.all the o CAsen
before. mentioned, the’ Su-
Ppreme Court shall have a
pellate jurisdiction, both as
jo law and fact, with such
exceptions, and whder such
eulations Rial the Congress
Tht means ‘that: ‘Congress
cen. issue a set of “regula-
tHons'"in which tt can be stip-
ulated, for example, that the
Bupreme Coirt may pot re-
wiew or accept for appeal any
easex involving testimony
taken by committees of Con-
gress relating te contempt or
refusal to answer. .
_ whe Congress also could by.
w. specify that no. cases
bail ‘be ,Fecelved by the Su-
Eaten Court.for appeal in--
rowing Jocal law enforta- .
lems, such as the
wf the Federal bovern-
right.
Onc Criticizing tI the ou
fing Own Justices
aiding Right to Others ~
ay
ecurts of specially sonsttated
tribunals, 93.) 4:
aye
he jadicial powes of the
_ “United States shall be vested
in one Supreme Court, and in
the such inferior courts as the
Congress may from time to
time ordain and . establish.
‘The fudges, both of the Bu-
preme.and inferior courts,
shall hold their offices dur-
ing good behavior, and shall,
at stated times, receive for
thelr services a compensation:
which shall not be diminished
during their continuance. fo
office.”
.. Not only does ‘the Congress
have power to specify by law
. what “good behavior” mneana,
but also what the | district
courts and the United States
Cireult Courts of Appeal
"shall rule pon. Through {te
power to “ordain and estab-
lish” special courts. . Con-“
gress can deal with particular
problems that may arise. The
Constitution, indeed, gives a
very narrow jurisdiction over
cases to the Supreme Court
and gives the widest Juris-
detion to Congress to de-
Clare what cases the pighest
‘court may properly under-
‘take to review,"
. If, therefore, the ‘Congress
‘wishes to pass a law stating
_ {hat the Supréme Court shall
“not review any cases involv-
‘ing schools or educational
problems, this can be done
without violating the Con-
> stitution. Education ‘éan ‘be
deft to State courts, hd,
when a Federal question
‘arlses, it can be given ‘to -
‘ Federal ‘district
The people, therefore, have
& Tight to appeal te their
\, elected Representatives in
62JUL a
_ able.”
. 4s out of order. One President .
speech, sal
_—&-super-legislature, ag one:
of the justices has called it:
edurts for “tion words and implications:
final judgment. + ie. 7 :
male foe of erm, ang
the Government leads aN
believe that the requirements : r
laid down in the opinion for i
the operation of the commit< of wp
tee aystem of inquiry are both
unnecessary end” unwork-
Here is a “Jasttoe who ‘tells
the Nation that the investiga-
tive function of Congress {t-
‘one who criticises the court.
of the United States has sald_
in: a public (zpeech that the
decisions of the Supreme
Court are not “irrevocable.”
Another. Erpsident, also i a.
"NOT
44 WL 24 (87
court today rises 1 Tom. -
the court as an institution. —
but from human beings with-.
in it... We have reached
the point as a Nation where .
we must take action to save
the Constitution from the
court and the court from it- -
self ..,. The court, in addi...
tlon to its proper use of its
judicial functions, bag. im-
properly sect iteelf op ae a.
third house of the Congress
Wash. Post and
Times Herald
Wash, News __,_,____
Wash. Star _ hz
N. ‘V%. Herald
Tribune
N, ¥. Journal-
American
N. Y. Mirror
N. Y. Daily News _._.
N, Y. Times
Daily Worker
The Worke+
New Leader
_-~reading Into the Constitu--
which are not there, and’
which were never intended’
- Cartainia thts 4a “Yess
“JOLT6 1957,
om
aie
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