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Supreme Court — Part 26
Page 24
24 / 116
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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