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Supreme Court — Part 28

83 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 83 pages OCR'd
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UDICIAL OLIGARCHY’ HIT. | Supreme Court:Curbs | Mi Urged by U.S. Judge: | ‘A plea to help th a meyement “to save our government” by limit- ing the power of the U.S. Supreme Court was sounded here yesterday. U. 8. District Judge Dozier ‘ane, now retired but still serving from time to time on the federal bench in Florida, addressing the Jacksonville Bar Assn, and many visiting members of the Florida Bar, declared it was not his purpose to criticize the Supreme Court | decisions relative to racial segregation in the schools. “But I-am here to criticize the judicial processes by which those decisions were reached and to try to impress upon you full realiza- Hon of the fact that if we do not find a way to stop it soon, this nation will soon be governed, in- sofar a8 its Constitution and its Jaws are concerned, by a judicial oligarchy. And I am sure that every one of you will agree, with me that this nation will not sur- vive under the domination of a fudicial oligarchy,” -he declared. Only One Guess It should be obvious, Judge De- Vane said, that under a written ‘constitution which provides the Supreme Court should have only one guess as to the meaning of any provision in the Constitution. If the people disagree with the court on that guess, they and they alone have the power to change it.” Judge DeVane called for sup port of a proposed amendment to the Constitution which would pro- hibit the high tribunal from over- ruling, modifying or changing any prior decision of the Supreme Court construing the Constitution of the United States or acts of Congress promulgated under the Constitution. The judge foted a number of ent eases, involving issues of}- | o has suffered in this respect all f has taken place since 1937, but ! the damage has been great and. to bring an end to it, it will not) be many generations before this government will cease to operate under our written Constitution,” he said. : Noting that the chief justices of the supreme courts of 36 other states and many other atate and” federal judges “have moved out in front in an effort to bring an end to this danger which con- fronts us,"' Judge DeVane asked, the | the assembled lawyers to join ii means for its amendment, “the | mp wy j the attempt “to set up a road-. block to step it.” . : The jurist cited recent Supreme Court interpretations of the Con- stitution, aside from those having to do strictly with segregation in the schools, which, be said, in- flicted a great deal more harm! upon the people of the nation than will the racial rulings. . Salute Flag “When the Supreme Court held that the children In our public schools could not be required to stand and salute the flag of the United States and pledge alle- giance to the republic for which it stands, when it condemned all forms of religious instruction in public schools, it struck 38 than segregation, in which eak-|ddkth blow to the future welfqre r rulings of the Supreme Co ve been reversed. “The damage our Constitutil i MAR 6 1959/3 i) the republic. As a nation ral} and will survive only un " he sald: | When the Supreme Court asserts ts right not to be bound by its own prior decisions whenever it desires to construe the Constltiw tion or an act of Congress other- | wise, “then the Constitution and acts of Congress mean nothing,” Judge DeVane declared. Recalling thet an amendment restricting the power of the 3u-| , preme Court has been introduced ‘in Congress by Florida's U. 5S. -t ie Bob Sikes, Judge DeVane d, ‘‘May God inspire us Ip us to accomplish this objibe- 2 and thus save our great | tution.’* Pan) 0 f Cn ee Pa v Florida Times-Union Jacksonville, Florida Date 2-6 - a Afb WOT RECORDED 1499 44 5
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