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Supreme Court — Part 26

116 pages · May 11, 2026 · Broad topic: Politics & Activism · Topic: Supreme Court · 108 pages OCR'd
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on Sent eT jane a rage ot leet we : id witnesses pi Sen, Wil- letters re ‘ceived by th lInternal Se i curity Sub- " fe ommittee Ly ons j showed ms fer th bill and four opposed. Th were from ‘private citizens and patriotic societies who “felt the Supreme Court has qmade things easier for sub- versives and should be set .down., Half the letters. were from Texas, California and Florida. Most of those came from Dallas, Los Angeles and St. Petersburg. | A completely different | type of response Was report- \ jed and put in the record of ihe hearings by Sen. Thomas { €. Hennings “Jr. (D-Mo.), and leading lawyers. Hennings wroté to 100 ‘(deans and 50 lawyers and re. ceived replies from half of them. All the practicing law- yers and all but four of the deans opposed the bill. Those opposed included al o e 1 Univers! Law. School Jenner's home state. who polled law-school deans kor ail a senior mem- er oO: ashington law firm of Covington & Burling; Arthur D American aoreamciire rf the Pan- Mmunjom peace talks im 1953 and member of the New York law firm of Sullivan & Cromwell, THE BILL would s strip the a shies se included e of arvar aw School: John staunch opponent of the bill, 4 Supreme Court of authority ' to review cases involving the power of Congress to inves- tigate the Federal employes security program, state anti- subversive laws, school boards’ anti-subversive rules and admission of ve. 4 .-) ‘) Usually made the argument i] that the bill would create it“legal chaos” by removing is of hewiageay aeclipe weeks Security Sub- ‘committee brought endorse. ment from a jong list of ul- ‘a-contervative spokesmen i Pepartin from the Jus- many spapers including the conservative Chicago» Tri- bine. The parent Senate.-Ju- diciary Committee may act. on it today. t Letters 2 doth sides ‘fol. fol- : low a general pattern. Those ) first days of our Repub- a ¥ “direct attack "on out Federal system of Gov- ‘ernument,” he said, “threatens ‘aie: jane “and brushes gsids as Bias ena Ph MOLLE unimportant all considera- “dons of personal freedom. It “fs a0 sweeping and so square- ly at odds with our constitu in favor of the bill feel the somal system as to cast grave Court has eee tte cause | ee on its titutl ,of communism isions like Watkins (which held a. ‘Compress to n eguiate the ap congressional committee ™ Yate jurisdiction of must tell a witness how its | POOR sit the constitution Thtive fonctions Pats legis” [must-be read as a whole, said which said 3 states must get | Oban dur one provision of out o @ lommunist-hunt- lj ne business because the Fed- the Constitution could violate er overnment preempted © The Jenner bill, said the field with the Smith Act). oitan strikes “at the They propose to prevent what O'Brian, strikes Vat the heart ‘they consider bum decisions : by killing the umpire. SEVERAL of the letters favoring the bill cited the | Mallory. decision limiting |; | powers Of Federal officers to of the Supreme Court's func- tions as one of the three co- ordinate branches of the Fed- eral Government, as impartial arbiter of Federal-State rela- tlonships and as histeric pro- tector of the freedoms of the | question a suspect before ar- . individual.” raignment. The Mallory t - WROTE Dean: rule is not involved in Jen- ’ -“Jpdicial review ‘of the acts ner’s bill. Most of these: i 1, : of legislatures, governmental Teeny Tid Bot read like todies and offcials is one of {they were pot the identical the futidamentals of our , American constitutional sys- * tem . » » (The Jenner bill) i seriously " infringes the doc- } trine of judicial review as we ve known it since the days ‘of John Marshall . The Supreme Court of the United States is the only court. in bur system which can per- form the important task of judicial review in ali its as- pects, since, the Supreme Court alone is empowered to -review decisions of -both the State and Federal courts.” Enactment of the bill, said \ferm letters often produced by a pressure campaign. The Subcommittee, staff said it had some of those and had kept them out of the record. Those opposed to the bill the one Court that can inter- pret the lew for the whole country. They say it would destroy the -last and most important step of the cher- “Ished and needed tradition of fudicial review. Many ques- | r ad i - Dean “might well lead to “ponstitationalit . allenge ite | legal chaos in that | the penme , egal questions cc & Pa rian, & a eae .tided differently by two Fed. jhe was “unalterably op “eral courts of appeal or t by a osed” to the bill. He called |. State supreme court and a “a attempt to strip citi- j Zederal district court.” This ‘gens of the protection of ju- would mean “the supreme dicial review by the highest | lew of the land might be dif- ite depend ter ae cpeneas , the independence of our m4 Gandy é + _ “ on NOT RECORDE Jaret “* —————s — Wash. Post and A Times Herald Wash, News Wash. Star —_._ N. Y. Herald —__ Tribune N. Y. Journal- American N. Y. Mirror N. Y. Daily News . . Y. Times Daily Worker The Worker New Leader Date
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