Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 26
Page 105
105 / 116
aay ee
in stone, is this motto: Equal
Justice Under Law..-- ou
The Brethren arg, the nine
Justices of thel/Sunreme
the world's Set Tm:
ven tribunal and the
only one ‘of its kind. This
independent branch of the
Government .of the United
States is at once the mast
majestic and the Jessi ag-
gressive of all the six faces
of official Washington.
This court fs guardian of
the Constitution. It asserts
b —and sometimes
rita thn
uses——the right to ve
acts of a Congress or a Presi-
dent as unconstitutional. But
jt has no military force at
ite command, as does the
President; no hold over the
. Hational purse, as does Con-
gress. In fact the Court has
really no power whatever to
enforcé what it *says—~no
power except’ the greatest
power of all. ‘is a pe-
culiar moral force arising
mame PRe Lene
ar0G: wit 601s Alglo-Amer-
ican tradition for playing the
fame as the rules provide,
or as they may be authori-.
tatively interpreted. ’
This national sense of de-
cency has thus far, for nearly
_two centuries, been more
persuasive than dive bomb-
ers.
a siice of the country. The
Chief Justice, Earl Warren,
is a big hail-fellow as breezy
as his native Californila—and
a little inclined, in the view
of some critics, to be too
cheerfully quick and Western
——ee
in settling some cases of old
imAniia a eee
and infinite complication.
The senior member of the
Cénrt in service, Hugo Black
| of , is as withdrawn
mw Sto! bi
eCeeLaes rs
ren ig a great blazingly white"
temple across which; etched
actually -
FUL VD |
The present Court is lke’
ag TEU Me
Soy
"1
“gt .
" Wittiam $. WHITE
' Brethren Have Tim 1€.0
i High Court Justices Have No Power’ re
Except th the Greatest | Power of All. . op
Tha hams of rath. LS eee
a TFith ne ongectvweak waviee oF weak series of
whatches of thavsix fader‘of official
Washington.)
we eee
SUE en
as Warren 1s outgoing—-thin-
faced, ascetic, with some-
thing of the worn, rubbed
look of an old and much-
used law book... 0 7. .
‘The. ‘urban, intellectual
East is typified by Justice
Felix Frankfurter of Mas-.
| *sachusetts, who is spry, witty, ’
wiry and full of the joy of
life. For years Frankfurter, a
’ Franklin Roosevelt appointee,
was looked upon with great
fear by the ultra-conserva-
tives
He was pictured as the
head and master of a class-
room radicalism that was
training its Junior officers in
the Harvard Law School for
the sole purnnage of joining *
Field Marshal Frankfurter in
an ultimate assault upon
every Union League club and
management _roup in this
Nation.
The Court’ has: ‘long
memories of many ironies. A
present irony is that Frank-
furter, no doubt with some
wry private thoughts, has
become something of a hero
to the iegal conservatives.
For the Court of 1958— in @
most polite and fair-minded
way—is fundamentally di-
vided along’ what might
roughly be called conserva-
tive and liberal lines. ,.
t «And = Frankfurter ‘some-
times is actually the chief
of the conservative group.
Generally speaking, he takes
a rather traditional and re-
served view of the proper
role of the Court. He dots
jot wladiy challenge con-
gressional acts — though
many in Congress have very
* often challenged his acts.
sa Se ov wa oy:
Iba. ~-279
PES LA wT iat ASE Cie acaiser bicedtiliainaast
|
n 1 Their S wide |
= . he
nrerrwi
eek.
one: ;
The so-called liberg? | ‘tag- -
tion ts headed by Black’ and _
me with | dustice ‘l=
Nam. Q. Dougids In‘ theit
company and Justice. Wi
Yam J. Brennan, jf.) 49m
Yanee—out not. ilwaye—ws
cm, . Sin bel Latent d Ana tngta: ia
nem hard-tore’. ‘conserva-
anes are Justices Harokt
Burton, Tom ¢. Clark: ané
Charles BE, Whittaker.
‘The two Justices’ who ‘are
perhaps the Court’s bcut-
Standing Constitutional du-
‘thorities, Frankfurter © and
. Marsiali Harlan, form
J
ome,
a . generally ‘uncommitted
third force. On the whole,
however, they are more like-~
ly te come down on the side
of restraint than of‘innova- -
tion in questiond of . the ~
Court’s proper powers. :
Through ‘history the Court .
has been under intermittent <
attack, Franklin D. Roose- *
velt tried to pack it for being ,
too conservative on economic ;
issues. And where 20 years
ago the advancéd lberals !
were after the Court, the
ultra-conservatives are after .
it today.' *- wt
The Court that was “$03
illiberal two decades ago is
how, in the eyes of the tight —
wing, far too liberal—main- |
ly because of its antt-segre-
gation decision and ita vari-
ous rulings restricting Gove |
Mins
|minisie action sgainkt Corks
munists or suspected Com .
munists, © a
The Brethren well know al!
this history. They ‘are not,
| however greatly disturbed. .
Time {s long upon the High ”
| Bench, and all things pass ;
away. Come hext October, {
upon reconvening from the
summer recess, the rine
black-robed men, will fle “fh
Bt noon. The Crier will call
out, “God save the United.
States and this Honorable;
Court!” And the long march
Of justice will Sqaeigagly on.
co Oar ee oT a wg
Pe
"NOT RECORDED
46 nue
1 1082
#
0 > TE Ainge ae
temp he.
tal . Date
Tele: om 2.
Ro an
Gandy
Wash. Post and
Times Herald
Wash. News
Wash. Star AW
N. Y. Herald
Tribune
N. Y. Journal-
American
WN. ¥. Mirror
N. Y. Daily News ——.
N.Y. Times
Daily Worker
The Worker
New Leader —_—_-_—-
i
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
federal bureau
letter
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic