◆ SpookStack

+: “Is Congress—ere Con men—afraid of the court? Under™ the court's gulling crossfire Tom Walsh or Pat McCarran would not’ ' Song we cen be sure, to propose such an inguiry. ' And how quickly either one of those tough, fighting Amer: would have jumped for the chance to head tI” © 0°", } i, Putting sside for the moment the Earl Warren court"rulings oa | school lnvestigation and civil rights, there remaing the stinging Wat- | Ans case ruling in which the high court told its actual boss—Con-! -gress—how Congress should proceed in its investigations and what ; ‘questions 4t shouldn't ask. In the Steve Nelson case jt told the . sovereign states. that state laws to control subversion and treason. had been tossed ont the window because only federal law was Pinte ‘mitted by the court to operate in that field. And in the Jencks deci- Sion it permitted Communist lawyers to brouse leisurely through the moat secret files of the FBl—one of the most amazing and shocking ralings ever handed down, =. - Soaps, * “ o far as the decision freeing California Communists convicted onder the Smith Act is concerned, it leaves the law enforcement offi- cer, acting to defend his country, ina spot where he knows in advance that bis prisoner will be turned free unless he catches him with a hand frenade in his hand or a amoking sttomatic after he’s pulled 8 = pt ete ne ; oe en . i 7 . ae . - ae a = ep . F 7 Who Writes the Decisions? ©. 2h". j . ’ Burnham emphasizes: the propriety of such a Congressfonal j jinyestigation under Congress’ Constitutional mandate to “regulate’ the appellate Jurisdiction of the Supreme Court and to provide the funds for maintenance of the judiciary establishment.” And he points ont: a ee Then, tartly comes this all-important snapper: 2. © 40-4 ~~ As directly relevant to such an inquiry the fnvestigative com | | mittee would presumably wish to discover the way in which the staffs of the Supreme Court and-the inferior courts are selected, the func- , tions of ‘law secretaries’ and other alds of the judges , the exact ‘court decisions, or, in the case of Congress, flatly contradicted apreme Court decision by passing a law-—aa it did in March 1) 1868, when it formally nullified the Dred Scott decision, 7 ‘ | 7: Court Weakest Branch, Hamilton Wrote * 4; _ As Alexander Hamilton wrote ih the Federalist Papers: * ~~ both White House and Gongress at various times defied or ignore hi a ' “The judiciary, from the na of its functions, will always bs # manner in which ‘decisions are being prepared and written—and by the Teast dangerous to the political rights of the Constitution; be~ cause it will be least in a capacity to annoy or injura them’... the jediciary .,.. has no influence over either the sword or the purse; no direction elther of the strength or of the’ wealth of the socie nd can take no active resolution whatever. It may truly be have neither force nor will, but merely judgment; and must ulti. ately depend upon the afd of the executive arm even for, the effi whom,” | a. Pb eee ot , ~The founding fathers never intended to make the Supreme Court cy of its judgments... It js beyond comparison the weakest of | e three depart or. the federal judiciary as a whole a “co-equal” branch of the governs - ment. In the first 100 years after the adoption of tha Constitatio thet ‘of tha Ghee wae” Poe LEAR Barer BeEaC