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Supreme Court — Part 26
Page 93
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to the “cold war.” Don't ther ow that
we have American troops all over the
world as « part of this “cold war”?
Don't they know that American troops
sti patrot the Armistice Line in Ko-
rea? Don’t they know that American
t are still ta Western Europe and
lin to prevent the Communist from
bling up “thet ‘ares? Dott they
ott th } go Intg Lebahon, when invited to
“eep the Commusists from talctna over
that country? =;
leave the country.”
This dissent was written by Justice
Tom C. Clark, who was joined by Jus-
tices Harold H. Burton, John Marchali
Harlan and Charles Evans Whittaker.
Justice Clark found the implication of
Congress unmistakable, that the Sec-
retary was to exercise the traditional
passport function ir such a manner as
would effectively aid the protection of
this country’s security. Therefore he
had a right to demand an affidavit as
to connection with the Communist Par-
ty before issuing a passport. |
Having knocked down many Qf our
interna] safeguards against the Com-
allow these people to travel anywhere
' they wish, to denounce their own gov-
ernment, perhaps to meet Kremlin
agents. The implication is plain that
they think the individual's and’
eciry: supersede the rights of the
government which represents- all the
willions oe we who want our: sectrity
| munists, the Supreme Court now will.
travels abroad thas’ Led embarrass the
Tintta® Oaee-. nt - in ing
WGC] Slee
out its policies, For there ts iio way to
watch such travelers Gretolly. This
country has no right of surveillance
ebroad. such as the FBI can exercise at
ome, .:
The four dissenting fastices atabed
| that jal § whiolly reatistic sense there
ss —— peepee Wee BO LCS wes 5d
sete tarde tetinedii
us he orp did concede that Con-
gress could pass a law specifically with-
holding passports under conditions axjs-
ing out of war but not clearly defined, |
Chairman Walter of the House Un-
American Activities Committee is plan
ning to jntroduce such a measure, but
whether ‘or not the Congress will get
around to passing it is another matter.
Certainly it should do so at once.
But, the Jenner-Burton Act which
would undo somé of the damage the
Supreme Court has done to our contro}
Ae Re ee er ae re
éf Communist conspirators inside the
country, and which has passed the Sen-
aft, is now stymied in the House. Per.
haps this new attack on the right of
our government to give ya security
ageinst the International Communist
conspiracy will really wake up the Con-
greas. We hope go.
.’ Evea J. Edgar Hoover, respected
head of the FBI, has denounced the
Supreme Court for a long list of decie-
tons which have greatly hampered the’
eontrol of Communists iz the United
States, It wonld almost seem that
Supreme Court was working ia
glove with Moscow, eo consistently have~
. thelr Seetaions favored the Commun
date, Oe ote ta tet i ey
perry pliner
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