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Supreme Court — Part 23
Page 17
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By JAMES 53 peakue ticized” in the present cir.
. Washington Correspondent
of the Post-Dispatch.
WASHINGTON, July &—-Sen-
iw Thomas C.@f€nnings Jr.
_ Dem), today
- that recent decisions by the | critt ticized,
Supreme Court have demon-
' strated that the court “Is mere-
[ty continuing: in its historic
[rte of Aefendin ng individual
i freedoms, — a
It ig not the court that should
be criticized, Hennings said, but
rather “the unconstitutional and |
unlawful procedures which
have been permitted to develop
In thie anpintes in ensent eases
bike VU A ACL years.”
ti He sald the court waa “striking
down” some of these’ practices.
| Hennings, chairman ef the
i Senate Constitutional gta | ensngs wre t
Committee, predicted that
; “from the standpoint of civil
rights, future historians will
: | Tate the past term of the Su-
preme Court one of the most
jj stgntficant. in the middle of the
{| eonticth eehtury.”
’ Court Under Attack.
His defense of the court came
at a time when it has been
under attack for its decisions in
‘the Jencks and Watkins eases
, 40d others,
| . Hennings, considered one of
_ the Senate's leading authorities
,on the Constitution, ‘strongly as-
sailed various proposals that
liberties and consiitutionzi 5
Ing the court's powers.”
Noting that Attorney General
' Werbert Brownell Jr. tag said
the decision in the Jencks case
| created “a grave emergency in
‘law enforcement,” Hennings
. declared:
“What seems ‘to be overlooked ]
or ignored by most of the court's
detractors is that if the prac.
tices or procedures of the prac. |
eroment, examined by the court
in recent cases, had been tail
oted in the first place to Ht
the requirements of the Con
‘stitution, they. ywogld not have!
been igruck downby the court, |
and ‘grave: ethergency jn!
law oerus would nem
face the nation.
have been advanced for Imit- |:
umstances. It is the unconsti-:
utional and unlawful proced- |
es which have been permit.
ted to develop in this country_
in recent years: that should be"
“During . the: “past ” several
‘decades—and particularly with
the impetus of the grave threat:
of Communism during the past,
10 years—this nation has-adopt-
ed 2 nomber of - practices
deemed necessary for the na-
tional security, but which would
have shocked our forefathers, .
_ “Many_ of these are |
gested now for the first |
efore the courts and are be-
g found in violation of rig
Maranteed by the Consti
liens, who who iz recover z |
fehm an operation, had planled
t tj make his defense of the court
the form of a Senate speech
today. The text of his remarks
was released by his office.
iscussing some of the recent
Supreme Court rulings, Hen-
nings eald: “Without exceptica,
he decisions that have aroused
Tost outspoken criticism
ave been those dealing with
ikea rights of the indiy-
. The Jencks Case. ot
: “The declsion in the Jencks
ease, for example, where the
urt held that the. defendant
as entitled to see any state-
ents made ta the FRY by the
esses under the, time-hon-
red Sixth Amendment right
f an accused “‘to be confronted |
ith the witnesses against
“The ‘Geclsion in the Mallory:
ts in which the court threw
F:
—
-the confession obtaine
Pn the defendant while h
as being detained py the
for an unreasonable length |
time prior to arraignment, {
Title:
JENCKS DECISION
Character:
ST. LOUIS POST-DISPAWH
Mr. Holio
Mizs Gendy_,
ST. LOUIS, MISSOURI
Date:
Pek X,
7
‘ Edition: ae
Author:
s
-
|e - 275" oe
NOT RECon
Mi AUG 19
——ae Ce ee
CORDED
1952
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