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Supreme Court — Part 26
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determined in the state court by an order or judgment subject to review
by the Supreme Court of the United States on writ of certiorari. The bill
would also limit review of an order denying an applicetion for a writ of
habeas corpus to a petition for a writ of certlorari in the Supreme Court
which must be filed within thirty deys sfter the entry of such order.
This bill has been supported by the Department of Justice which has
joined with the Judicial Conference of the United States, the Conference
of Chief Justices and the Association of State Attorneys General in urging
its enactments.
Although the department supports thesé four measures there is one
which it earnestly opposes 4H. R, which, although not reported by the
Judiciary Committee, will probably be offered as an amendment tres, 337
which hes been reported. H. R. 3 is designed to revive certain state laws
previously held unconstitutional because cof their conflict with federal
statutes. It proposes to change the effect of these federal statutes, not
by openly amending them but by passing a retrcactive rule of interpretation
to change the meaning the courts have given to the words now contained in
thease etatuteas utthané shaw ete a ee er > ee ee att de an
GVOGSS SUACULeS Wa VOOUR VLitlip, tiie, the WelDUus LOUGIBCLVES. The Didt 125 oOo
broadly drawn that its effect can not be foretold and if it is effective,
it must change the meaning of statutes conclusively interpreted many years
ago, basic statutes under which millions of dollars have been invested and
under which important huran relationships heve become fixed.
Section 1 reads as follows:
"No Act of Congress shall be construed
as indicating an intent on the part of Congress
to occupy the field in which such Act operates,
to the exclusion of all State laws on the same
subject matter, unless such Act cohtains an
express provision to that effect, or uniess
there is a direct and “positive conflict between
such Act and a State law so that the two cansot
be reconciled or consistently stand together."
This section would attempt to apply a new rule for determining. the
PSrkent of not only the present Congress or of a future Congress, but also
previous Congresses whose intent is a long concluded fact not subject to
change by legislative Fiat. It would provide thet there was no intent to
anenry a Fiala +a ¢ha satan nf Ohad. Taeem see laad faaers li rete hae
cOnteins an "express erovision’ to that effect or unless there is a “direct
and positive conflict" ao that they cannot consistently stand together.
There are relatively few federal statutes containing express provisions
preempting the field. Major lavs relating to interstate enterprises, And
others in fields of heretofore undoubted federal pre-eminence, such as
pankruptcy and immigration, contain no such provisions. In these fieids
there is serious question as to the effect of Section 1 upon heretofore
existing court rules of interpretation - whether there is any difference
~3-
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