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Facts Forum News, Vol. 5, No. 9, September 1956
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Facts Forum. Facts Forum News, Vol. 5, No. 9, September 1956 - File 024. 1956-09. University of Houston Libraries. University of Houston Digital Library. Web. September 15, 2019. https://digital.lib.uh.edu/collection/1352973/item/279/show/233.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum. (1956-09). Facts Forum News, Vol. 5, No. 9, September 1956 - File 024. Facts Forum News, 1955-1956. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/1352973/item/279/show/233

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum, Facts Forum News, Vol. 5, No. 9, September 1956 - File 024, 1956-09, Facts Forum News, 1955-1956, University of Houston Libraries, accessed September 15, 2019, https://digital.lib.uh.edu/collection/1352973/item/279/show/233.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

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Title Facts Forum News, Vol. 5, No. 9, September 1956
Series Title Facts Forum News
Creator
  • Facts Forum
Publisher Facts Forum
Date September 1956
Language eng
Subject
  • Anti-communist movements
  • Conservatism
  • Politics and government
  • Hunt, H. L.
Place
  • Dallas, Texas
Genre
  • journals (periodicals)
Type
  • Text
Identifier AP2.F146 v. 5 1956; OCLC: 1352973
Collection
  • University of Houston Libraries
  • Facts Forum News
Rights No Copyright - United States: This item is in the public domain in the United States and may be used freely in the United States. The item may not be in the public domain under the copyright laws of other countries.
Item Description
Title File 024
Transcript A recent newspaper editorial stated that the constitutional question before the American people, since Earl Warren became Chief Justice of the Supreme Court, was whether the Court was a third house of Congress that is legislating on its own.'"' The Tenth Amendment states that powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. According to critics, the Supreme Court has ignored this amendment, for in case after case the Court has whittled away the basic- rights of the states.7 The Bill of Rights notwithstanding, it has come to pass that if Congress legislates even on the fringe of anv field, the conclusion by the Court has been that such field will be occupied by federal law. This would allow the Supreme Court to divine the intent of Congress.8 Suppose, then, that Congress passed an aid-to-education bill - might not the Court maintain that Congress intended to preempt the field of education, even to the selection of textbooks? The same holds true for the field of labor. H. R. 3, introduced by Congressman Howard W. Smith (D-Va.), would restore some measure of independence to the states. Briefly, this bill states that no act of Congress shall be construed as indicating an intent on the part of Congress to occupy the field in which the act operates, to the exclusion of state laws on the subject, unless such act contains express provision to that effect.'1 Man Has Struggled Throughout history man has struggled for freedom. And. in reality, there can be no freedom unless there is freedom from government. When the government acquires power, no matter what the pretext, it is always at the expense of individual freedom. When governmental power goes up, the power of the people goes the other way."' In view of this a great many- persons are saying that the "nine-man- theme" being "played" by the Supreme Court is in reality a dirge for states' rights. Former President Franklin D. Roosevelt on March 9, 1937. commenting on a decision of the Supreme Court, said: THE SUPREME COURT UNDER FIRE- wini: wonr.D photo Chief Justice Earl Warren, an Eisenhower appointee, had no previous experience as a judge. The Court, in addition to the proper use of its judicial functions, has improperly set itself up aS a third House of the Congress — a super-legislature, as one of the Justices has called it — reading into the Constitution words and implications which are not there. . . . Our difficulty with the Court today rises not from thc Court as an institution but from human beings within it.11 Not only have former Presidents taken exception to Supreme Court usurpation, but there are any number of men high in governmental circles who are worried by the way that the Court has disregarded precedent and sallied forth upon the "uncharted seas of pseudosociology and neo-Freudian psychology."'- Senator James O. Eastland, Chairman of the Senate Judiciary Committee, stated in a speech before the Senate that the only time when the high appellate court of any Western nation resorted to textbooks and the works of agitators to sustain its decision was when the high court of Germany sustained Hitler's racist laws. Senator Eastland went on to say, regarding the school segregation case, that the United States Supreme Court cited "modern" authorities as its authority to change the constitutional guarantees of the reserved natural right of the people to freedom of choice and of the states to regulate their public schools. One such authority on psychology to override the Constitution was Theodore Brameld. He is cited as having been a member of no less than ten organizations declared to be communistic, Communist- front, or Communist-dominated. Eastland stated that one E. Franklin Frazier was another authority cited by the Court. The files of the Committee on Un-American Activities reflect eighteen citations of Frazier's connection with Communist causes. Another authority cited by the Court, according to Eastland, was one K. B. Clark, a Negro so-called social science expert employed by the principal plaintiff in the segregation cases, the NAACP. Eastland said it was "unusual" procedure for any court to accept a litigant's paid employee as a" authority on anything, let alone as a" authority to be put above the Consul nation.'' Additionally, the Supreme Court, to support its findings, referred to M>'r' dal's An American Dilemma, 19*"] Myrdal wrote that the Constitution ol the United States is impractical and unsuited to modern conditions. And- additionally, that its adoption was ll'' most a plot against the comnw people.M Loyalty Questioned It is a matter of record that so""' of Myrdal's associates are members " organizations which have been cite* by the Department of Justice as stfl versive. In fact, sixteen names are ;li'. sociated with Myrdal in the writing °! An American Dilemma, 1944 — *". "social experts." The Communist afl' Communist-front organizations vvlfl which the Myrdal advisers were affijj' ated are numbered in the dozens, would seem, then, that the Court ha* reversed the law of the land upon *'' authority of men whose loyalty to u1 United States is subject to grave qi'eS' tion.1"' Representative Henderson Lanhai*1 (D-Ga.), speaking before the 11""1!'' on May 22. stated that the troubjj with the Court is not political corrw tion; rather, it is corruption of i('';'' (Continued on page ™ *Los Angeles Herald-Express, Vlay 15, 1956. tlbid., p. 8373. -Ibid. 'Ibid. gill ""Fniiik Chodorov, "Supreme Court Against of Rights," Human IWi-nts I Vlay 28. 1958), "84 Congressional Record (1956), p. 7887. Ibid., pp. 7887-8. v,- ""What's the Story Behind the SeyreKation Cj, thorities," Facts Forum News I September, 1° pp. 28-29. "Ihiil il, "James F. Byrnes, "Thc Supreme Court Curbed," U. S. Win and World Report (May 1956), p. 54. Page 22 Facts Forum News, September, 19&\
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