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Supreme Court — Part 22
Page 44
44 / 55
Susiness with ita p e
Wathiosdeeision, in which the
Chief | Justice generalized, as
Justice Brennan ‘did in Jencks,
jin setting down constitutional
‘standards for Congressional
ings. The Supreme Court's re-
instatement of John Stewart}
Service was a somewhat popular Hie
finding. In the California Com-
munist cases, where, the court B
isles five defendants and or-
gréss, despite recurrent pro- in
* posals, has always been: loath tof;
restrict, . ree . ‘
_ Sweeping Language .
ject to, courts-martial, was an-}?
other exhibit in the use of sweep-F
ing language. It lett the possible ‘
construction that these depend-|,
ants must have jury trials for
‘any offenses and, reco izing:
this, concurring justices careful-:
dy limited thef; approval to crim-!
_inal cases, But the armed forces |
ihave proceeded on the latter as-*
‘Sumption, And until or unless ‘
this is successfully challenged in 4
the Supreme Court, Congress ts 2
_ content to hold onty a watching
The Court, whose spokesman
Min this instance wag Justice
'Frankturter, freed a convicted
‘Tapist on the &éround that Wash-
‘ington police violated the Feq-
eral code by “unduly delaying”
his arraignment until they hadf
twice obtained his : confession,
‘and had not informed him of his
other legal rights, This, too, is
tin the area of judicial process,
And while members of Congress
assailed ‘a ruling that: turned
laehp“trurt! ciTCUMStangaupad is
plainly out of legislative juris-
adiction. - _ --
-”
accomplishment, But ‘there is
An undercurrent th Congress to
"do something about the Tenth
Amendment’ that may come to
the surfdce at the next session
and produce legislation,
increasing disposition to read
into acts of Congress “intents”
which have been, denied by spon-
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