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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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Police andthe Law | J. Edgar Hoover is a policeman | —an extraordinarily good-one who | over the years hes created the ef- ficient Federal Bureau of Investi- ‘ gation and kept it free of politics, As the nation’s “police chief Mr. Hoover is certainly in position to speak with authority on the ex- tent and the character of Commun: ist subyersion in this country, ag he has just done in testimany be- fore a congressional committee. But it should be remembered that Mr. Hoover speaks from a police- man’s viewpoint — and policemen are traditionally critieal of the courts for leniency. - '_ It is understandable that the head of the FBI, which has worked long and hard to bring Communist conspirators before the bar, should be piqued when the Supreme Court tefuses to uphold their ‘conviction on the ground that their constitu- tional rights have been violated. This has happened, Mr. Hoover said, in 49 out of 168 conspiracy cases since 1949, : . Mr. Hoover has, in effect, lent his , considerable weight to the current drive to curtail the Supreme Court’s powers in these-and other matters. There can be no question ‘ that there is, as Mr. Hoover says, a militant body of Communist con- spirators bent upon stealing the aticn’s military secrets, and alicia s fomenting disorder anc disruption by infiltrating legitimate organiza- tions. But the real question is whether the individual liberties of all us would net be imperiled by measures aimed against the Com- | munists. That question still turns on the classic definition of ‘clear and present danger.” It is this, and this only, that justifies the curtailment of constitutional guarantees. And {it must be borne In mind that the legislation Mr. Hoover Is support: ing not only would narrow the area of individual rights, but would sig- i nificantly alter the balance of pow- : @T among the three branches of the ‘ federal government. It has been 90 years since Con- ; Gress last attempted to curtail the ‘ Jurisdiction of the Supreme Court. i We do not believe any case has yet ' been made fox such drastic action today. ee a a sy é aay x Ras ee LITTLE ¥ ac (4/56 _ 2s tore) by J. N. HEISKELL 4 \" < a a a NOT RECORDED 117 bay 22 1 wees ee ses \
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