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mee f i 18 (Rev. @-7-56) —_r ~~. & Em ated Ma a tional Affairs: eo 2g ET Et feeds gy oi 40 ae i tae eee mgress’ Powers to’ i" b: Court (Reviewed Which the people haye td express Rhemselves on these points. ~-+i3 nnet be e people when the members of the court teelf, exercise that privilege. Xt was Justice Clark of the Suc. Ps Sa re te oe, =f preme Court who on June. 19 eaeetis's . By DAVID LAWRENCE 2239 .0°2-> <1 fiast, nw dissenting opinion wttet WASHINGTON, July 15,—This is thé week when the Ameri-} the Watkins case, said: «++. Tele Rho} Bar Association is ‘meeting-In New York, and alre Holle : tretnual tirades against those lawyers and laymen who have onema: had ihe temerity to criticize recent decisions of the Supreme Gandy —__1__.. ourt of the United States. The misleading theory that the Supreme Court is the “last word” and that; once the court has spoken, there fs no right of criticism or any opportunity to secure a reversal has heen widely propagated. + , . Actually, Congress has authority over the Supreme Court and can nullify ite decisions at will in many instances “by the simple 4method of specifying by law what cases the Supreme Court may or may not pass upon thertafter. The Constitution says: loos _ _ “In all cases affecting ambassadors, other public ministers and consuls, and those jn which & state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Su- preme Court shail have appellate jurisdiction, ‘both as to law and fact, with such exceptions, ; . and under such regulations as the Congress . | - . This means that Congress can issue a set of “regulations” ing function of the Congress. » . My experience in the Executive brarich of the gov erit leads me to believe that nation that the investigative function of Congress itself has been seriously interfered wi ‘He calls this “mischievous.” Yet: ‘there are persons who claim thag, what the Supreme Court has aid is sacrosanct and that any-, one who criticizes the court is out of order. One. President of the United States has said in a public speech that the decisions of the Supreme Court ave not “frrevocable.” Another Preal- dent, also im @ speech, said: =, in which it can be stipulated, fer example, that the Supreme Court may not review or accept for appeal any cases involving testimony taken by committees of fongress relating to contempt or refusal to.answer. The Congressiflso could by law specify t ;N0 cases shall be received by the supreme Court for appeal in- avolvifig local law-enforcement broblems, such as the right of the Federal government or a state or city or county govern- thent to question before or after jarraignment persons atrested .and suspected of crime. Con- * gress can specify that these shall jbe hereafter decided by lower fours or specially constituted ; Congress Has the Power © e Ti 45 not generally realized “that Congress has the power to fereate or abolish lower courts. The Constitution says:... “The judicial power of the ‘United States shali be vested in e Supreme Court, and in such Mnferior courts as the Congress. gay from time to time ordain mand establish. The judges, both ‘of ‘the’ Supreme and inferior urte, shall heid. their o & good behavior, and s) stated times, receive for t rvices a compensation .w all not be { T jot only does the Congqpas ve power to specify by law nt “good behavior” means But so what the district courts and ¢ U. 8. Circuit Courts of Ap- eais shall rule upon. Through i ite Power to “ordain and estab- Ish" special courts, Congress can deal with particular prob- lems that may arise. The Constl- tution, indeed, gives a very nar- ow Jurisdiction over cases to he Bubreme Court and gives the idest jurisdiction to Congress declare what cases the highest court may properly undertake to eo an - a? . “H, therefore, fhe Congress hes to pass a lew stating that Supreme Curt shall nat re ew any cases involving schools" ry educatidnal *problents, this an be" done withonrt violating the Constitution. Education cag be left to staig courts, and, when = Federal question arises, tt can: to appeal to their electad sentatives in Congress ito! e sbeps to curb what they be-+ be giverrto Federal Courts for final hudgmaed bag people, therefor®, have # re ix the recklessness and ar- | : “Our difficulty with the court today rises not from the court es an institution but from human beings within it.,.. We have reached the polit as a nation where we must take jaction to save the Constita’ from the court and the trom itself. ... The court, in ‘addition to its proper use of its udielat pfunctions, has im- properly set itself’ up as a third use of the Congress — a per-legislature,-as one of the ustices has called it-—reading inte ‘the Constitution words and implications which are not there, and which were never Wash. Post and Times Herald Wash. News Wash. Star = N. Y. Herald —¢ 7 tended to be there... Tribune Certainly this is @ legitimate] N, Y. Journal- form of criticlam, and certainty American ‘there stil ta a right to differ dissent from so-called Judicial”. opinions as well as om Presidential utterances. -: N. Y¥. Mirror N. Y. Daily News —__ Wey Herald 7 N. Y. Times Daily Worker The Worker - “, New Leader Date JULI & 1957