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Supreme Court — Part 26
Page 17
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and could once again be trusted
with matters
in these fields. However
that may
be, I
do
want
to call
attention to
the fact
that Congress
did on
a previous
occasion make use of
the same constitutional provision
which I
would
make use of through the enactment of my hill S-26b6,
and that the Supreme
Court
of
the United States considered
the matter_and held the bill to
be
constitutional, and
bowed to its provisions.
The Attorney
General
apparently does
not think
that the
question of
constitutionality of
the
bill is
sufficiently important
to receive
any mention
in his
report.
On page 2 of
his report,
the Attorney
General raises
the question
I have already discussed,
with respect
to the
possibility of
different
rules of decision in different circuits and in different State
courts.
I have
already spoken
about that
question, but
I will
add this:
There may
be
some argument for uniformity
of decision
among the
circuit courts
of appeals;
but there
is no
logical argument
for uniformity
in the
decisions
of the courts of the States.
The State
courts
are exercising residual powers.
The Federal
courts are
exercising only
specified powers
granted under
the
Constitution. we
do not
demand that
all of
our States
be alike.
We do
not
demand that
they think
alike on
matters of
public policy.
There is
no reason
for demanding
that their
courts think
alike or
adhere to
identical rules
of
decision. There
are in
fact many
subjects
today on which there
are different
rules of
decisions in
the various
State supreme
Courts; and
no one has been
suggesting that
there should be Federal legislation or
Supreme COurt legis-
lation to
force uniformity.
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