The Sidney herald., 1960-10-19


probation of the Constitution of
the United States. It was set up
to make sure that Congress, the
P President, or both could never
make laws that did not conform to-
the Constitution.
In pointing out the various
appointments Of justices by RooS-
cvelt, Truman, and Eisenhower,
one thing stood out. None of the
appointees had any judicial ex-
perience prior to sitting ON the
high bench, and only a few even
had a law degree.
1t is truly amazing the amount
of damage that has been done
to the integrity of our country by
che Supreme Court in just the
past few years. For instance in
the past 3 years they have decid-
ed the following 20 cases, and in
each one the United States Suf-
Tered a mortal wound.
/. Communist Party V. Subver-
Sive Activities Control Board. The
s. c. refused to uphold or pass on
constitutionality of the SAC Act
Of 1850 and delayed effectiveness
of the act.
2. Pennsylvania ". Steve Nell
son. The Court held that it was
unlawful for Pennsylvania to
prosecute a Pennsylvania commu-
mist party leader under the Pen
n~sylvania Sedition Act, and in
dictated that the anti-Sedition Laws
of AZ states cannot be enforced.
8. Yates ". United States. The
Court reversed two Federal
courts and ruled that teaching and
advocating forcible overthrow Oh
our government, even with evi.
intent, was not punishable un-
der the Smith Act as long as i
was divorced from any effort t.
inStigate action of that end" ano
ordered 5 communists freed anc
new trials for another g..
4. Cole V. Young. The Cour
!, reversed two federal courts anc
held that the Summary SuSpen.
sion Act of 1850 gave the Fedora
Government the right to dismiss
employees sim the interest of tht
National Security of the u. S
: only if the employee was in
sensitive position"
5. Service v. Dulles. The Cour
: reversed two federal courts which
had refused to set aside the dis
charge of John Stewart Servic
by the State Department. The
! 81 gave startling proof that Ser
: vice had given military secrets
and confidential State Depart
ment documents to the commu
niStS. The lower courts followe
. the McCarran amendment Whic.
gave the Secretary of State alb
. solute discretion to discharge an
employee in the interests of tn
= United States.
! 6. SlochoWer ". Board of Ed
: ucation of New York City. Tn
Court reversed the decisions c
: three New York courts and hel
it was unconstitutional to auto
matically discharge a teacher, i
: accordance with New York Law
because he took the fifth amend
ment when asked about Commu
mist activities.
z. SWeeZy ". New HampShir'
The Court reversed the Me-
Hampshire Supreme Court an
held that the attorney geners
of New Hampshire was withol
authority to question Professc
Sweezy, about his lectures &C
vocating "MarxiSm" and otht
suspected subversive activities.
8. United States ". Witkovic.
The Court decided that, under tt
immigration and Nationality A
OF 1852, which provides that ar
alien against whom there is
final order of deportation Sha
give information under oath
to his nationality, association
and activities" The high Cou
held that the Attorney Gener
did not have the right to ask Wi
kovick: "Since the order of d
portation was entered in your ca
on June 25, 1858, have you a
tended any meetings of the Con
munist Party in the u. S. A..
8. Schware v. Board of Exam
'ners of New Mevico. The Cou
reversed the decisions of the Ne
Mexico Board of Bar Examine
and of the New Mexico Supren
Court, and ruled that 'membe
ship in the Communist Par
during the 1030's cannot be sa
to raise substantial doubts abo
his present good moral character
10. Konigserg v. State Bar
California. The Court reversed t
decisions of the California Cor
mittee of Bar Examiners and
The California Supreme court, a