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SEL? ; THE GOVERNING BOARD of the au- gust American Bar Association has ap- proved a recommendation that Congress, by use of the Jegislative process, reverse me recent decisions of the United States apreme Court. The rulings in question “have upneta individual rights against in- fringement by state or’ federal laws de- _ nism. - ai ‘The. ABA {s on controversial ground and gives evidence that It recognizes this by its cautious approach. The committee report which the ABA governors endorsed is eareful to point out that the Supreme Court is “the ultimate guardian of the freedom.” Nevertheless, says the ABA report new approved for submission to the entire igmembership: , “Many cases have been decided in such @ manner as to encourage an increase in Communist activities in the United States. Our internal security has been weakened by technicalities raised in judicial dect- sions which too frequently in the public mind have had the effect of putting on trial the machinery of the tudicial ororese we OE MACUNnery OL TNE JUudicia: Process and freeing the subversive to go forth and further undermine the nation.” t 3 . THE SUPREME COURT is under in- creasing fire these days. Much of the at- | tack stems from its libertarian trend. i Some Southerners would undo its man- i date against segregated arhoois, by limit- ing the court's powers or by constitutional change giving states exclusive authority in * the fieid of education. But segregationist are not the only critics. J. Edgar Hoove |i FBI chieftain, lashed out at ruling which “defeat the interests of justice." An . TOP CLIPPING es caren a! 7 =! ( Vaan hina BN mo ef OTIALED Li 9) ole be RGN Mm fypa fv Le 59 re. we “rar “aa The Court : Before The ‘Bar’ signed to combat subversion and commu- | Bill of Rights and the protector of our. . miter plified on preme, is still the best way’. . paaiid em a ‘o Rep. Kenneth R: Keathig. New York Re- . publican, said the Court had “gone alto- gether too far-in its zeal to prot@t the rights of the individual.” . The ABA leadership has joined the swelling chorus ony philosophical rath- er than emotional grounds. Its influence will be great because this is a field in which it is qualified tospeak. - - i e ine THE GENTLEMEN of the bar fre not asking for the creation of precedent. There is ample -precedent for Congress (and the people) to say a final word after the Su- preme Court has spoken. A most notable ' case in paint is the 16th Amendrient au - thorizing 4 federal income tax, It specific Cesena Lactate Pe - any Nned af 1895 SUpreie Tour ac - cision holding that such a tax was un- constitutional, _ Precedent, however, is not involved here. A principle is at stake. The Supreme Court was devised to pro- tect the rights of the individual, regard- less of the charges or the temper of the times. An irfdependent judicial authorfty above thé political turmoil has served us well. Though sometimes it has lagged be- hind public opinion, ft has as often been ahead of it. Our system of legislative, ju- dicial and executive authority, no one Ea ra ee "YHE MIAMI HERALD February 25, 1959 George Beebe, Managing Editor + "NOT SOT REGOPRED WT MA2 1'7 1959