◆ SpookStack

ttee’s bill ap; rE roved limited iteelf t to the: tter action of the House: ; bill, but the chairman as- j Serted that members of the committee might offer the more sweeping prévision of the House bill in the shape of an amendment on the Senate floor,. oy cad Since the Supreme | Court went far beyond & State laws on sedition:in 5 tisienerFh the N ‘especially, the. term “jail delivery” was ate ger 5 ceally, used, Oph A far greater jurist than , any of those now silt * Chief Justice Harlan - : Stone, said of this theory. : of pre-emption, now as-% serted, by the court, | In a i 5 case in 1942: Tne “4 CF cor ae ‘2 . pee. eek Sod ra regard for the ; Maintenance of our dual ; iat. a _its wholesale emasculation _ of the powers of States, it would seem the better part of wisdom for the Senate to make the terms of the curb general. For under _ the impetus of the almost ,. fanatical Zeal of a major- ity of this court to limit the powers of the States and to extend Federal §: | power, no ohe can know f: > Where it will strike next. F _ To provide in every act of * , Congress that Federal pre- js. ¥ emption shall not apply t system of government de- : mands that the court do. i not diminish State power > by extravagant inferences” ” regarding what Congress _ Might have intended if it y , had considered the mat- ter, or by reference to their own conceptions * of “a policy which Congress has not expressed and is | not plainly to be inferred from the legislation which it has enacted.” - It is a bit difficult for the layman to understand the reasoning of a court which interpreted a Fed- eral law on sedition as having excluded the States’ from legislating on the subject when the original sponsor of that Federal legislation is still alive and able to tell what was) in his mind and what he knows to have been in the minds of his colleagues when they voted for it. AFR SRT ny Foe we aw eee would seem to be a cum- . bersome way of putting i , into effect a power clearly within the jurisdictidn of t Congress, The Constitu- tion clearly gives Congress , Power to define within | certain limits the jurisdic- | tion of the Supreme Court, and it specifically ~ pro- | vides that “the powers not ' delegated to the United States by ited by ttteane ‘hor prohibite t to the,/ But that is the precise sit-' ad gd. States, are reserved to thé. uation now, and fortunate- States respectively, or “ta. ly that sponsor, Rep. How-. the people.” if ae ard W. Smith of Virginia, | Since the ama ‘ is mostly responsible for. -vasion of the rights’ ani: the salutary curb of the vauthority of .the Biatea, resumptuous court which: began five years. nas, rs Fraow-before the-Senst®, J numerable lawyers wh ose? tA capacity. is just as, ‘as that of any of tthe pre ‘ent reach i pase ie ri ie i Lk