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-_ =~ 4 NATIONAL AFFAIRS that the paramount issues—the ones the people were most concerped about and on which the elections probably would tum—were these two: Peace and jobs. Erenemy, Geed or Bad? On eco- drawn. Nixon in his the Republican note that the voters have never had it so good; the GOP has given them higher wages, more security, and, besides, stopped the recession. The Re- publican Party, said the Republicans, is the party of private enterprise, while the Democratic Party is the party of “nation- ‘ alization [and] socialization.” In a policy statement last week, Re- publican leaders in Washington said that any future Congress controlled by the Democrats would be “far to the left of the New and Fair Deals.” Private enter- prise, the GOP said, “could not survive in such a climate.” To this the Democrats responded: The Republicans were responsible for the re- cession in the first place, responsible for inflation, responsible for unemployment. Even though the number of jobless dropped by half a million in August, they said, there still were more than 4 milion people out of work. Harry Truman quipped: “The Republicans have cre- ated a new kind of 4-H club—high prices, high taxes, high unemployment, and high interest rates.” On foreign policy, on the issue of peace, however, neither party was quite so dogmatic. The big reason: Neither could afford to risk an all-out stand while the situation at Quemoy and Matsu re- mained unresalved. Nonetheless, at the weekend, the Dem- ocTats issued a policy statement in which they accused the Administration of giv- ing “six years of leaderless vacillation” in foreign affairs and of bringing the U.S. to the “brink of having to fight nuclear war inadequately prepared” and without allies. The Dilemma: For the Democrats, there was the rea] fear that the Formosa affair could become a major Republican asset. Even the severest critics of Secre- tary of State John Foster Dulles ad- mitted that by guessing correctly that the Reds were not ready for all-out war, he had forced them ta back down. If Dulles now brought off a satisfactory settlement before election day, the vot- ers might hand all the credit to the Ad- ministration for clearing up the mess. The danger to the Republicans worked in reverse: If the Far Eastern crisis should suddenly worsen, if the shooting should break out again, the vot- ers might well turn their backs on the Administration in droves. on the latest in NEwsweex’s series of election size-ups—on Pennsylva- nia and Alaska-~-see pages 41] and 42. 24 ara ' Eisenhower The ‘New When the United States Supreme Court reconvened this week for the second ses- sion of its regular term, there was_a pew face_on the bench. It belonged to 43- year-p tewart, x Federal judge whom President Eisenhower appointed to succeed Justice Harold Burton, retir- ing at 70 for his health. (See THIS WEER's NEWSMAKER, page 38.) The _ presence of the new Justice inted_u at with five of its members now appointees, the nine-man tribunal has become an “Eisenhower court.” (President Roosevelt -did not have a majority of his own appointees until 1940; President Truman made only four appointments.) That the Court's membership, which has been moving in a steadily liberal direction throughout the Eisenhower Administration, has taken still another move, however slight, toward the eis point of view, Justice Stew tegarded as conservative; but certainly he will not be quite as conservative as the man whom he replaced. (Justice Burton ranked with Justice Tom Clark as the two members farthest to the right; beth were Truman appointees.) From these two facts, the paradox emerges: That a Republican Adminis- tration, for the first time in more than two decades, has a majority of its own ap- pointees on the Supreme Court, and yet the Court has a far more liberal slant, and is under fire from conservatives, as hot or hotter, than at any time during either the Roosevelt or Truman Administrations. Mr. Eisenhower did not deliberately seek such a situation. He has made only one political appointment, that of Earl Warren as Chief Justice. Otherwise, the President has made it a policy to nomi- nate only front-rank lawyers, preferably with judicial experience, and has insisted on their endorsement by the American Ber Association. But it has so happened that in nearly every case, the men he has chosen have been less conservative than the Justices they were replacing. Warren tumed out to be more liberal than the late Chief Justice Fred Vinson, a litelong Democrat. Justices John Marshall Harlan ‘and William J. Brennan, both moderates, succeeded two conservatives, Robert H, jackson and Sherman Minton. Qlassic Patterm: [t is true that the Court tends to divide itself into the ap- parently inevitable classic pattern af three blocs, liberal, conservative, and middle-ot-the-road. Warren leads the liberal bloc, with Justices Hugo Black and William O. Douglas (both Roosevelt appointees). On the conservative side, with Tom Clark, are Justices Charles E. Whittaker (Mr. Eisenhower's fourth ap- pvinunent} and_Felix Frankfurter, wbo j was criticized as_a radical when _Fresi- dent Roosevelt appointed him in 1939. Brennan and Harlan are middle-of-the- | road, and Potter Stewart is expected to fall into that category. But if the pattern is familiar, there is this big difference: Today's conserva- tives and middie-of-thetroaders are more liberal than their predecessors. Ther. can be little doubt that Mr. - Eisenhower has been startled by the turn the Supreme Court has taken. Al- though he has emphasized his deep re- spect for the Court's position in American life, he also has expressed misgivings. He recently said that he thought the Court might have gone “slower” on inte- gration. Earlier, he had said there were some decisions that “each of us has very great trouble understanding.” Within Newsweek