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Supreme Court — Part 28
Page 8
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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)
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ee
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v
Florida Times-Union
Jacksonville, Florida
Date 2-6 -
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WOT RECORDED
1499
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