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Supreme Court — Part 26
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It has been argued against my bill that it would have the effect of
"freezing" the various Supreme Court decisions in the fields which the bill
would affect. “his argument depends upon the assertion or the assumption
that all lower courts would be absolutely bound by these decisions, even in
cases where the lower courts might consider the decisions to be bad law.
This argument is just another way of saying that the Supreme Court can
make law which neither the Congress nor any other court can changes; but that
made, and that the judge of a lower court must adhere to a decision of the
Supreme Court rather than to the Constitution as he understands it, I say,
that is not the case, The Congress can act, in any one of several ways,
and my bill is one of the ways. And a lower court can act, in a way contrary
to a Supreme Court decision; because what the judges of our courts are
sworn to uphold is the Constitution of the United States, not the
Supreme Court of the United States,
Before I close, I want to refer to the letter of the Attorney
General of the United States, delivered yesterday and placed in the
record yesterday afternoon, First, I want to call attention to the fact
that the Attorney General was requested by letter of the Chairman of the
Committee on the Judiciary, under date of February 3rd, to appear and testify
on this bill, I am informed that letter was never answered, I am
informed the Attorney General spoke to the Chairman of the Committee and
asked if it would really be necessary for him to come up in person, or if
he could send a written report, and that the Chairman told him if he didn't
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