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Supreme Court — Part 24
Page 13
13 / 55
, ineamiten. be, sou
age
noms hava Fevived public in-
ound knowledge af its coun-
ee tun ons is another fatter
entirety, he Bee PRL, o
The principal ‘reason “why, ‘this
mist -yemain « question ‘without a
quick answer are these;.1. The lxxues
n the equal rights bill avet which
senators are contending are rooted
are exceedingly difficult to report in
terms nondlawyers will understand.
2. The American people have been
scribes for itself and cannot’ be ref
duced without viplating ee Con-
stitution, A 3 ~
i very @oubtful whether there js gen- |
a eral ynderstanding of the legal
te objections that were an important
cause of the rejection of Part TIt‘in
the equal rights bill. Though these
objections were exhaustively stated
in the Senate debate, and reported |
“Top cu aay
Ot a te
FROM
-o_,, MARKED
ae
tA]
AND INTIAL
Pe “
are hard going for the lay chroni-
cler and the lay reader. Part III
cent’ @uprenie’ Court Aas
z ae ‘gubject. ag how fuck the
in judicial Process, end therefore
conditioned to ef. that the!
jurisdiction of 1
Hextends to whatever ts it pre-
onty where ‘acts of Congress had
conferred it. The precedent was
_ established in Wisoart v, Daschy,|
at great length in the press, they j
tution, either in letter or in spirit, as
some ‘who have criticized it Appear
peieae
“the “Supreme ‘Court ftnelf “since
1767 has accepted the broad power |
of Congress to fix the area of its
appellate jurisdiction. The authority
js - specifically’ given im Section 2,
Article ITY, of the Constitution, and
the traditional procedure ‘of the
court wes to exercise its function
| where the court held that in the ab-f
sence of « specific statis it lacked |
etion.. Even the dissenter, ;
Justice Wilson, who generally con-|
tended that the court's appellate
area, derived from the Constitution, }
cha therefore ‘could be exercised |:
‘a specific act of. Congress,
agreed that this exercise would be
invalid if Congress excluded the
area in which it was made...
| The Later Record. 24
gave the Attorney General author-§ Later Chiet Justice’ Mandan ‘tall (-
ity: to Yavoke, in the name ‘of the Durotieseaw: v, the United States;|'
| |i United Statés for any citizen, the agreeing with Justice Wilson on the}
judtelat process of Injunctioti in ra-
celal desegregation matters whether
or’not the citizen sought this serv-
ce. “Also it empowered him to apply f
for junction before the fact of v-F
olation on the ground -that it was
“intended.” And it made the Federal
courts thé enforcement arm of their
own injunctioris in, theaa cases,
These legal innovations, 2 after their
: effects had been déscribed at feng
to the Senate by opponents, were
] rejected by a large majority: But
most Senators are lawyers, and all
| hed ari “opportunity to be educated
ga the insues at first hand.” Both of
inet ee were denied tp most
(Ga BIERE Gk
NOT RECORDED. | a
‘at
) ception. ‘And in the Yamous key]
source of the court's. appellate jur-}
isdictional powers, ruled, however, [
that Section. 2,..Article Ty, granted
Congress control of this witheut ex: |)
aan .
at
a
J case—ex parte McCardly (1860}—
after the Supreme Court had taken
a habeas corpus writ under advise-,
ment _ Congress ‘withdrew ite juris- ik
diction over that particuler type of
habeas corpus proceedings, and the}}
court then dismissed the case me
‘Inck of authority to‘review.- ais?
°: He and when the study of Ameri-f-
¢ai Jistory in the achools and calf].
leges_ia mufficlently stressed ang]
well “enough taught to. product #4
Bon ee et ar tating
average odteated Briton fe
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