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epee : t gy hou : U.S. News & World Report . “Politics should be left out of judicial decisions’ ta member, the Supra Coun ofthe ltd States shoud not force it to do a0. if the tur ancclstion of the State of California does net believe that an applicant for admission to the status of officer of the court—swom to uphok? the State and federal constitu- tions—who refuses to say that he is pot a member of the Communist Party at the time of his application ts not of good moral character, the Supreme Court the United States should not tell the State of Californig that, on such a record, there is no reasonable doubt of his good moral did not i of simply because the witness contended that he cate of believe in force and violence generally. Perha bar examiners did not believe him. H a legislative committee investigating pubvertion in N Hampshire questions a person who gave a req “i ance lecture at a State-supported university, seeking to out whether directly or indirectly he advocated force viclence to adolescents of impressionable age, the Supreme Court should not tell the State legislature that it may not so inquire. ‘And | finally, under no circumstances—in the delegated fleld of interpretation of the Smith Act—the Supreme Court should not permit exclusion from that Act advocacy and teaching of forcible overthrow of the Government as an abstract principle thort of incitement. Effects of Court's Rulings H Ae there is an old saying that “sticks and stones may break my bones but words can never hurt me,” words from the Lick pee eet te the Ane gee Pron elobed tet onttn 6AM Higeest GN 1 Ge Worn GF Uansaita tb stoon au over the United States and in those places under United States influence—which includes a goodly portion of the world, Such « play on words makes infinitely more difficult fud}- cial establishment of an intelligible dividing line between free speech and advocacy of subversion, and offers encour- agement to those enemies of the American way of life who, like termites in the foundation, are never seen and seldom heard until the day the house falls in. This nation is composed of many languages, many races, many creeds, living together under a document which perinits a good deal of give and take, The very flexibility of the Federal Constitution has insured its continued strength against stresses and strains which, in other lands, have seen as many a3 17 governments fall in two years. This document must not continue to be interpreted in such a manner as to throw out of kilter the great divider between the powers of the States and the Federal Government—the Tenth Amex Amend- ment. We State attomeys general are rexponsible, through our national association, for asserting our best efforts that the course of history in the United States shall be tured from a direction of paternal federalism to one of enlightened oo- operation between sovereign States and the Federal Gov- ermment, each working in its own sphere with recognized division of authority. I believe that, if the United States Supreme Court con- tinues with the type of decision that has been handed down of late, that the Nationa) Association of Attorneys General should support at least four specific courses of action: . First; The preparation of language clarifying the Tenth Amendment, to protect States" reserved powers in more cer- ne tain terms—with ts imenedits recommendation to all 48 Sate Second: That s method be devised whereby the States Intments to 1h cor one observes the patho the Be a bee arene becomes, the conchusion that polities should be left out of judicial decisions, and persons without prior judicial experience should not be appointed to the Supreme Court. have been appropriate to observe that “the ork ty a kinetic, dynamic a kinetic, dynamic society the society controls Cites the means to destroy itself, the means to live support of legislation of the H.R. 3, as amended, designed to insulate against judicial legislation in derogation of State sovereignty, Fourth: The appointment at this conference of a committee on internal , instructed to im jately confer with the interested Federal agencies and with other national groups, including the American Bar Association, with a view to preperation of legislation for introduction at the current session of Congress, designed to undo as great a Portion of these recent decisions ex is possible short of tiona) amendment. “Tbe chairman of this special committee should be Further Teter te ee eh et MLIRMAACU (6 PCE the COMUNE Ss TecomImncIGEGdn to t executive committee of this association and, with its approval and authority, to appear before the Con- gress of the United States in support thereof. ati IME FF 2 pt : Americans, including such as J, Edgar | ' eral Bureau investi ation Francis E. Walter and the congressional committees, and State legislative fact- Ending H committees—whose methods in the Great majority of cases have in no sense or manner been either unfair or overreachin —to keep check on the extent of Communist penetration and version in America. These decisions have set the United States back 25 years in its attempt to make certain that those Joya] to a foreign power cannot create another Trojan horse hore, Protecting “Disloyal Persons” Beyond even this incredible, compelled conclusion is the dismaying fact that the Supreme Court has sanctioned pro- tection of the dark corners of individual association with per- sons disloyal to America, and made infinitely more difficult, if not impossible, the taking of sworn testimony relating to subversive activity in the United States. By equating lawful politics with Communism, it has been suggested to America and to the world that Communists and Communiim may not, in fact, be subversive of our way of life at al—which is cextainly contrary to the public record of Communism, which has proven to an overwhelming majority of Americans that Cammunism is the morta) enemy of free- dom everywhere. U, &. MEWE & WORLD REPORT, Avg. 9, 1957