Senator James 0. Eastland
and Justices Burton. Minton, eiml (.lark.
in which he absolutely denied the competence of the Court to pass upon issues such as those presented in the segregation cases. He said:
"Only those lacking responsible hu-
mililv will have ;i confident solution for
problems eis intractable as the frictions
attributable to differences of race, color,
or religion. . . . Certainly the due-process clause does not require the I.filature to be in the vanguard of science
especially sciences ei- young .1- human
sociology eiml cultural anthropology. ...
"h i- not within our competence I"
confirm or deny claims of -< >■ i a I scientists eis to the dependence, of the individual on the position of his racial 01
religious group in the community.
The Supreme Court, unable to relate
science to the Fifth Amendment, has
eleine' an unheard-of thing, li has now
found scientific authorities lee attempt I"
-usteiin ils view '.f what the Fourteenth
Amendmenl should mean. \\ ho ein' these
authorities? From whal background do
they come? \\ hat hee- been Ihe nature
of their work and activities?
THE "MODERN" AUTHORITIES
Let us consider the so-called modern
authorities on psychology 1 iteel by the
Court as its authority to change and
destroy the constitutional guarantees of
the reserved natural right of the people
of the states "I tin- I nion to freedom of
choice eiml of the -leite- to regulate their
K. B. CLARK
First, they cited one k. li. (iark, a
Negro, so-called social-science expert
employed by the principal plaintiff in
the segregation cases, the NAACP,
whose lawyer argued these eases before
the' Court. To say the least, it is the
most unusual procedure for any court
to accept a litigant's paid employee as
an authority on anything. Iel alone as
an authority on psychology, to put him
above tlie Constitution itself.
Then, too, we find eiled by the Courl
as another alleged modern authority on
psychology to override our Constitution,
one Theodore Brameld, regarding whom
the files of the Committee on I n-Ameri-
eein \e ti\ ities of the I nited States House
of Representatives are replete with eita
tions and information, lie is e heel as
lieiving hern a member of no less than
ten organizations declared to be com-
munistic, Communist-front, or Communist-dominated. His name has frequently appeared in iln- news columns
of the Daily II inker.
Brameld. according to tin- Com
miini-i official Daily Worker of February 2.'!. 1949, signed a statement ol
th.' Committee for Free Political Ail
vocacy defending the twelve Communisl
Again, on December 10, 1952, the
Daily Worker shows that Brameld
signed an appeal to President Truman
requesting amnesty for leaders nf the
Communist partv convicted under tin
And. again, nn I'el.riiarv 10. lO.'tf. the
Dnih Worker shows Theodore Brameld
tei have signed et letter in defense of lhe
appointment of Simon \\ . Gerson, a
Communist, tn tlie staff nf Stanlej
Hi- name' appears on a brief sub-
mille.l by Cultural Workers lo the Supreme Court in October, 1949, on l.e
half nf lln' le'ii convicted defendants engaged in the motion picture industry,
who were charged with contempt of ei
congressional committee for refusing In
eif fi 1111 or ibn \ membership in the Com-
munisl party in response tn committee
Hi' weis affiliated wilh the American
Committee lor Protection of Foreign
Born, a- shown by the Daily Worker of
August 10. 1950. which committee wei-
1 iti'il ei- subversive ami Conimuni-t l.v
Attorney General Tom Clark in letter
lo iln- Loyalty Review Board, released
on June 1 and September 21. 1948, eiml
wa- redesignated bv Attorney General
Brownell, April 29, 1953, under provisions ..I Executive Order 10450. The
Special Committee on Un-American
Activities cited the American Committee
for Protection "I Foreign Burn as "one
of lhe- eelele-l eill \ il iai il's eif the- (inn
munisl partv in tin- I nited States."
lb- wei- listed l.v the Daily Worket
on January 11 ami 25. 1938, as a supporter ol llie Boycotl Japanese <. Is
Conference of lhe American League lot
Peace and Democracy. The American
League for Peace and Democracy was
established in the United Slates in 1937
as successor lo the American League
Againsl War and Fascism "in an effort
to create puhlie' sentiment on behalf of
ei foreign poliev adapted to llie interest
of ihe Soviel I nion" ami "wa- designed
in conceal Communist control, in ac-
e hi ilania- with lhe new tactics of the
Communist In tenia tin mil."
Thi- is shown by report of Attorney
General Biddle, Congressional Record,
September 21. 1942; by reporl eef Attorney General Clark- letters in Loyalty
Review Board, released June 1 and
September 21. 1948; eiml b) Attorney
General Brownell in his memorandum of
April 29, 1953. The Spei ial Committee
on I n-American Activities cited the
American League for Peace eiml Democracy eis ''llu- largesl "I lb.' Communist-front movements in On I nited
State'-" by ii- reporl of January 3, 1939,
and other reports cited March 20. I'll 1.
There is the puhlie record nf Theodore Brameld, win. wa- cited bv llie
Supreme Courl as ei modern authority
on psychology in support of ils racial
integration decision of May 17, 1954.
I bis record not onlv was available to
Chief Justice Warren and lhe Associate
Justices of the Supreme Courl upon request, but thi- record of Brameld was
ineiele' up partly by an Attorney General
who is now a member of the Court
which rendered that decision, and by
official printed reporl of the administration of Chief Justice Warren when he
was governor of the State of California-
E. FRANKLIN FRAZIER
Also cited by the Court as one of its
modem authorities on psychology to
overthrow the accepted meaning of a
provision of the I nited States Constitution was one E. Franklin Frazier. The
files of the Committee on I n-American
Activities of the United States House
"I Representatives contain eighteen citations of Frazier's connection with Communisl causes in the I nited States.
He signed a statement of the National
Federation for Constitutional Liberties)
hailing the War Department's order ""
garding commissions for Communists-
The National Federation for Constitutional Liberties was cited bv the Attorney General in letters furnished ll"'
Loveillv Commission on December '
L947, and September 21, 1948, as subversive and Communisl and. now li-'
ten. eis "pail of what Lenin called LUC
solar system nl organizations ostensibly
having no connection with the (.01"'
munisl party, bv which Communists
attempt in create - v m pa thizers an"
FACTS FORUM NEWS, September, '."■'""'