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Facts Forum News, Vol. 5, No. 9, September 1956
File 042
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Facts Forum. Facts Forum News, Vol. 5, No. 9, September 1956 - File 042. 1956-09. University of Houston Libraries. University of Houston Digital Library. Web. May 23, 2019. https://digital.lib.uh.edu/collection/1352973/item/279/show/251.

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 042. Facts Forum News, 1955-1956. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/1352973/item/279/show/251

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 042, 1956-09, Facts Forum News, 1955-1956, University of Houston Libraries, accessed May 23, 2019, https://digital.lib.uh.edu/collection/1352973/item/279/show/251.

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 042
Transcript -THE SUPREME COURT UNDER FIRE- One of the principal decisions handed down by the Court, and certainly one which has brought recurring angry storms of protests, was in the case of Commonwealth of Pennsylvania v. Steve Nelson. The Court, in this case, exonerated from a punishment of twenty years in prison and a fine of $10,000 a dangerous and notorious Communist,18 operating in Pennsylvania in violation of the state's sedition laws. He had been prosecuted and convicted in the lower court. When he appealed, the Supreme Court held that the state's anti-sedition law had been invalidated by federal law, and that Congress had occupied the field to the exclusion of state legislation. This is the so-called federal preemption which, put simply, means that a federal law supercedes all state laws on the same subject. The foregoing decision swept aside the provision of the Smith Act in title eighteen of the United States Code, which states: "Nothing in this title shall be held to take away or impair the jurisdiction of the courts of the several states under the laws thereof." And again, this decision was a repudiation of John Marshall in Cohens v. Virginia, when he said: "To interfere with the penal laws of a state, when they . . . have for their sole object internal government of the country, is a very serious measure, which Congress cannot be supposed to adopt lightly or inconsiderately."19 Representative Howard W. Smith (D-Va.), framer of the Smith Act, stilted tl lilt Congress never meant to write off state sedition laws. Further- VANISHING AMERICANS Courtesy of John Knott and Trie Dallas Morning News. Page 40 more, he has introduced legislation which would put them back in effect. In the case of Slochower v. Board of Education of the City of New York, the five-to-four decision of the Court nullified a provision in the city charter designed to eliminate from public employment those who would not answer inquiries regarding their Communist affiliations or connections. In effect the sovereignty of a state was overrode when it tried to set up standards of qualifications for those teaching in its public-school system. Professor Slochower had refused to reply to questions about his forme' Communist Party membership. He was dismissed by Brooklyn College authorities. The highest court in New York sustained this action. Then the United States Supreme Court held that the college bad no right to dismiss him. Workers Forced In the Hanson case from Nebraska the Supreme Court upheld the Federi Railway Labor Act. This Act says tha1 railroad workers may be forced to joi< a union in order to work. It might b< pointed out that never before in history has a government assumed th< right to tell Americans what their pom tics must be or to what organization they must belong, with poverty in1' posed as a penalty for non-compl"' ance.L" Case after similar ease could W cited as examples of the "new look in supreme judicial interpretation Some persons dec-hire that the be! cine for tbe situation would be lni (.'(ingress to tell the Court to stop reading into federal law destruction A state laws, unless Congress spells tin1' out Also, Congress might pass lav* to remedy rulings when it thinks tin' Court has wandered too far afield. Critics say it i.s a point of fact tin1' for the past twenty years appoinfl incuts to the Supreme Court haV' been distinctly political, with less A tention to experience, and that to" often appointments have been on th'' basis of political debts and for con' solidating political support of minority groups. The charge is that "Dem"' cratic Presidents have packed, and th'' Republican President has laid the call stone by stacking." Also, the Senate "Ibid., p, A.10(11). ■■Ihkl JIJohn 11,-n sin pin nl, Texas Committee ol Co*" reepondence Handbook, p. 6. Facts FORUM News, September, 195" Some. defens fact h. over a there offensi goveri We n< °ncoir And genen of idc fespor sell ai Arneri We Ameri haven 'ng 01 manv our el panisn the m. °f our -o ass
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