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Supreme Court — Part 21
Page 42
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f+19 itRev. 9-7-54)
pe
me "Check ir Bala
ke gree #
preme Court Rulin
$ ri nd
gs.on Reds.* SHA
._ seen Halting Threat to Liberties. mf
Watching government ang: .
politics from « front row seat |
. here offers the opportunity te
" see our still reliable checks ang
ee was a fertile field fer .
loitation, and instrtiments.
ef such exploitation always gre
at ready, our coun
; balances at work. Periodically fy band. others. They erepoed
the jong-time observer be- up first.in what waa named
comes aware of this reflex ac- “The Un-American Activities
, tlon in operation, a continual - Committee” of our House of.
' reminder of what has properly: Representatives and finally,
, been chlied the genius of our most dramatically, In a Bens-
American system. Ht jaa thrills ter at the other end of the
ing experlerice. Capitel. He gave the frenzy
“Many of up saw If at work - its name-~ “McCarthyian”. «
20 years ago at the initiative ana roda high for awhile un-
' of & popular, powerfol and ti his own Senate colleagues
. dynamic Preside t—Franklin his course and ~ cen~
a swing the Supreme Court of “That cengura was a checks
that day, which was balkipg and balances operation. a
., &t social and economic reform ~
* measures, in line to accept , Many of us who watched
” Federal legisistion deemed |Witnesses pilloried and pushed
- essential to protect the welfare [8Tound by the House commit-
of our people, This he did by [tee and later by Joe McCarthy
‘the threat of “packing” tt the aakarl ezactiy th the sare guss-
court with Judges who would’ {tion that was asked by Chief
be friendly to such reform. Suatice Karl Warren, In his...
Today we are watching ap- j™Momentous decision this week
other significant checks and }'2 the Watkins case: .
balances operation that is atso “Who can define the mean-
bound to become histarle, Thia “ing at Wn-Amerigans" .
time it Is the Suprame Court
that is out in front and taking Seg cp Th roof ell rights cases
the initiative and bas ripen up John T, Watkins case, ied.
ta say, in emech: ~~. ''' us back to ethers in recent
ae a hal weeks and ‘showed that,
L tt is scting to halt g threat through this series, the Su.
. wo our ind
This threat came froni the * Lchaicad Court was executing «
inaulaltorial ee st cree, © —0f which ft is fully conscious
inte Comnrese veel eae. , at really naaasive proportions.
gress and special con- - it hes K at nue
gtessional committees, and te. Meas precti ob which
which the executives brench made
va the Age of McCarthy auch a
also Was susceptible for a time. dark age and 8 a blot on 20th
aie amogent Athens were century Am
ured and a o War.
created where dissent *. ‘The gourt ule, in the i
orthodox views was suspect fo. conjroversial Jencks case,
the point that « sane the accused has.a right to
_conformity endangered inde- know the sources of derogatory.
pendence of thought and free- evidence against him. It held,
om of speech which are so in the Watkins caad, where the
necessary tog democracy. .: Ulinais labor leader refused ta.
The decade of fear name to the Un-American Ac-
jWhich we struggled ‘wae &, tivities Committee pereane he he
3 nauiral devejopmeny irom, i. hed Known in ihe
instinctive abhorrence and , we Communit bat no no eee ne
‘fear of communiam. That * that
-fear was intensified by tha hed f ed to show Thats euch
; “cold war” with Russia that! information was necessary
* followed the “het” | Second - He queton under inqul inqu
tT rl nahn Te he A
i World War and was’ maeni- |
-
4
=|
|
}
|
re
‘fled by attempts at Commu- case it ruleg that "Brover pf 1 "ee sire
"Bist infiltration and subversion eodureg must be oF.
mares
nces at W
{I
_ference with the Supreme
“Court as the President pro--:
Morag?
ini “sorcalled ‘Tovaity” ‘cases. ‘3: Y
ruled igi the case of the 14 |
- California Communists that,’
‘under the Smith Ast, it must 3
be shown that there wae actual >"
intent to act to overthrow the.
Government. Mere talk oe fat .
sufficient ' ground. : i
The string o} Eerd Supreme = Dourt '
eivil rights cases have prow .:
voked considerable criticism .
and controversy naturally and:
on the ground, among others, ;
that they will cripple the Gov- :
ernment and its agencics in|
combatting communism. But
the Supreme Court’s tlon
is only to say wether one
stitutional rights are infring
It iq up to Congress to revise
the laws to make them effec- .
tive while at the same time
preserving constitutional
Yighta.. This legislative process
of correctign could be regarded .
in itself as a part of the checks.
and balances operation. |
Similarly, President Roose--
‘yelt’a Supreme Court “pack-
ing” scheme of 20 years ago
set up a checks and balances
operation” ef ita own at the
same time that it served to.
move Chittl Justice Charies
Evans Hughes to bring the
‘court around to ratification of |
social and economic reforms. |:
Tt became plain that our peonle |:
would not stomach such inter- {
feraviem ttt
posed and this reacted in Con-
gtess. The consequence was
that the Roosevelt court bill
was shelved. The over-all re-~
sult, In hatance, was that we
moved forward to meet” the
needs of the day bubrTeYt the
4 fee eee,
12 21 -A
1. Kea. Par
NOT
a“ a.
ALVVUALE
@ JUL § 1957
ee ee <lte
weed _!
Af bparinant
Belmont £
’ Mohr
Parson
Roa
mm
otter
Neéease __
Tele. Hoon
Hetlonen -
Wash, Post and
Times Herald
Wash. News
Wash. Star _~¢1 1.5
N. Y. Herald
Tribune
N.Y. Journal-
American
N, Y. Mirror
N. Y. Daily News
N, Y. Times
Daily Worker
The Worker
New Leader
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