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t has undergone some provemesft-Sutds is also true that the central vice of the security program—its Fell on information from faceless accusers—remains al- together unaltered. : The inescapable truth is that the standards of the loyalty - se- curity program are becoming institutionallsed. And the country has, to a very large extent, embraced, as a per- manent part of its life,. the judgment and punishment of some of its citizens through star-chamber hearings which deny them any semblance of due process of law. Consider, for another ex- procedures and). ‘the people. The Court can '9gFve"Urny as 8 of” ‘freedom. ican ive wetting danger. By er] : it gan remind us of our herit- age. Bu cannot , that heritage for us. Preserve . freedom, if we tl of ft as a source of danger rather than of strength; it we elevate | Protection of the community above the protection of indl- vidual rights, we shall end by i aping the very enemy i. epe, ‘ by ou *CHIEF JUSTICE VINSON ‘fe J emphasis on national ; security sts . dicating that the hangover is still a very sevdre one. Item One: Although the Su- preme Court has imposed a check on some of the extrava- gances of the Federal loyalty- security program, that pro- gram remains in full force ‘Zand effect. It is immensely * Important, I think, to bear in ‘+ mind that although the pro- \ gram was undertaken on an . emergency basis and although ‘its incursions on traditional . Aprerican civil liberties were : gustified at its inception as ‘mecessary to meet a crucial - condition, it has remained in “ferce 11 years without under- going any real or fundamental . modification whatsoever. * ¥t is true, to be sure, that ‘the loyalty-security program is conducted today with more trbanity and sophistication Kha in the pas e at in Suverhelal poeetaral ample, that, although Chief |. Justice Warren said for the Supreme Court in the Wat- kins Case that “there is no yy congressional power to ex- pose for the sake of ex- posure,” the simple truth is} that the House Committee on ,:_ Un-American Activities and | the Senate Internal Security ‘ Subcommittee continue to go | up and down the country, ~ each of them functioning as a kind of itinerant auto-da-fe, intruding its inquisitoria: nose into almost every aspect of American life; they con- tinue to be unrestrained by any jurisdictional limitations imposed by Congress; and they continue. to be wholly . uneoncerned about constitu- tional rights of privacy. ¢ ‘ ITEM TWO: There has [oes bitter reaction ta the © Warren Court in Congress. Attempts were made to cur- tail the Court’s jurisdiction. Legislation was introduced— . and will no doubt be intre | duced again—to upset specific Court decisions. Moreover, there has been a tremendous hue and cry in the country against the Court’s champion- ship of individual rights. These are disquieting symp- oms. They suggest that the ational fever is still pretty ‘high—indeed, that we are in grave danger of a relapse. The Supreme Court's essen- tial business, as Alexander Hamilton said, is “to declare all acts contrary to the mani- fest tenor of the Constitution |. void.” But in the last analysis, [feeryrein he prest?vet Oily lin the hearts and minds of —n