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Supreme Court — Part 21
Page 47
47 / 109
FRIDAY, JUNE 21, 1957
epee
Congress Versus Supreme Court
he will ask for legislation to give
the Supreme Court a better under.
atanding of its functions as laid down
Pore wuss Etsenhower hints that
by the Constitution and a long line of.
precedents set by the court itself. Rep. -
Francls E, Walter, chairman of the un-
American activities subcommittes,: says
that he will introduce # bill that the Su-
preme Court “can understand.”
‘These remarks are directed at two re-
cent decisions. One makes relevant FBI
records available to Communist defend.
ants, The other reverses # number of
verdicts under the Smith Act In language
that weakens the power of Congress to
enact anti-Communist legislation.
‘Congress should come to the defense
of the FBI. But, above all, it should
come to the defense of itself, When this
government was set up, it was contem-
Plated as a form of government that
would be run by the peaple through
elective representatives, This meant a
government with a powerful legislative
branch. But when some future historian
writes an objective political history of the
United States, he will give a long chap
teg-tothe silpping away of congressional
authority to the executive branch, on one
~hand, and the judicial branch, on the
other,
~Begloning with Roosevelt's adminis
‘tration, the setting up of powerful bu.
reaus began to steal away Congress’ do.
mestic authority. Secret treaties (in
effect, if not name) made without Senate
confirmation took away from Congress a
~ part of whatever authority had been given
it under the Constitution.
~ The Supreme Court has followed the
rexecutive bureaus by entering into the
field of lawmaking itself, and it is doing
60 primarily on the basis of personal
opinion of the Justices and not the Con.
satitution and statutes or the precedent
of prior decisions.
Congress put the Supreme Court in
its place in the act returning the tide.
lagds to the states. It would have done
80 In the netural-gas case had not Eisen.
hower vetoed. It should enact # Jaw to
colnteract the annihilating effect of the
court's recent decisions smoothing the
way for Communist infiltration In. this
country, In fact, Congress should adopt
@ general policy of enacting laws “that
the Supreme Court can understand.”
Maybe it will take a hint.
44 JIIN 26 1957
eee eee eee
Mr. Holloi
Miss Gaenc
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