IMITATION OF APPELLATE JURISDICTION OF THE UNITED STATES SUPREME COURT WEDNESDAY, FEBRUARY 19, 1958 UNITED STATES SENATE, SUBCOMMITTEE TO INVESTIGATE THE ADMINISTRATION OF THE INTERNAL SECURITY ACT AND OTHER INTERNAL SECURITY LAWS, OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. subcommittee met, pursuant to notice, at 10:35 a. m., in room United States Capitol, Senator Roman L. Hruska presiding. set: J. G. Sourwine, chief counsel; Benjamin Mandel, research r: and F. W. Schroeder, chief investigator. or HRUSKA. The committee will come to order. is a continuation of the hearings initiated August 7, 1957, on We have two witnesses here today. If Mr. Rauh is present teady to proceed, we will start with him. And then I underV. Hart will be the next witness. anything that we should incorporate into the record at he, Mr. Sourwine, before Mr. Rauh proceeds with his state STEWINE. Mr. Chairman, since this volume of the hearing rited separately from the other volume, I suggest it might le to place in the record at this point a copy of the bill. SHETSKA. That will be done. I referred to is as follows:) [S. 2646. 85th Cong., 2d sess.] Aimit the appellate jurisdiction of the Supreme Court in certain cases ted by the Senate and House of Representatives of the United Ewering in Congress assembled, That (a) chapter 81 of title 28 of * States Code is amended by adding at the end thereof the following Litation on appellate jurisdiction of the Supreme Court. ng the provisions of sections 1253, 1254, and 1257 of this Supreme Court shall have no jurisdiction to review, either by rtiorari, or otherwise, any case where there is drawn into Lry of- fazetion or practice of, or the jurisdiction of, any committee or tee of the United States Congress, or any action or proceeding ess charged with contempt of Congress; ation, function, or practice of, or the jurisdiction of, any officer the executive branch of the Federal Government in the adminany program established pursuant to an Act of Congress or for the elimination from service as employees in the executive fn fividuals whose retention may impair the security of the United vernment; 37 STATEMENTS Anderson, Edward J., Golden, Colo.. Applebaum, Julius, Miami, Fla. Barr, John U., Federation for Constitutional Government. Corwin, Edwin S., Princeton, N. J. Crippen, John K., Anti-Communist League of America_ Dean, Arthur H., New York City. del Valle, P. A., Defenders of American Constitution.. Donner, Frank J., United Electrical, Radio and Machine Workers of Donovan, Herbert D., Diocesan Union of Holy Name Societies.. Dresser, Robert B., Providence, R. I... Ervin, Hon. Sam J., Jr., Senator from North Carolina_ Freeman, Harrop A., professor, Harvard Law School. Garrison, Homer, director, Texas Department of Public Safety. Griswold, E. N., dean, Harvard Law School. Holloman, Thomas W., Alexandria, Va............. McBride, Thomas D., attorney general of Pennsylvania.... Malone, Hon. George W., Senator from Nevada.. Mathiesen, Anna, Baltimore, Md... Matson, Marjorie H., Women's International League for Peace and Free- O'Brien, John Lord, Washington, D. C.. Porebski, Frank, Massachusetts Committees of Correspondence, Polish- Pound, Roscoe, Harvard Law School. Rogers, Hon. William P., United States Attorney General_ Rumely, Edward A., Committee for Constitutional Government. Sargent, Aaron M., Sons of American Revolution___ Schriver, J. Nicholas, Baltimore, Md.. Schneider, William R., St. Louis, Mo.. Seymour, Whitney North, New York City. Sipple, G. E., Anti-Communist League of America. LIMITATION OF APPELLATE JURISDICTION OF THE UNITED STATES SUPREME COURT WEDNESDAY, FEBRUARY 19, 1958 UNITED STATES SENATE, OMMITTEE TO INVESTIGATE THE ADMINISTRATION Washington, D. C. Te subcommittee met, pursuant to notice, at 10:35 a. m., in room United States Capitol, Senator Roman L. Hruska presiding. Fret: J. G. Sourwine, chief counsel; Benjamin Mandel, research stor: and F. W. Schroeder, chief investigator. Stator HRUSKA. The committee will come to order. 7s a continuation of the hearings initiated August 7, 1957, on We have two witnesses here today. If Mr. Rauh is present ready to proceed, we will start with him. And then I underMr. Hart will be the next witness. ere anything that we should incorporate into the record at 2. Mr. Sourwine, before Mr. Rauh proceeds with his state SRWINE. Mr. Chairman, since this volume of the hearing nted separately from the other volume, I suggest it might de to place in the record at this point a copy of the bill. HRISKA. That will be done. - referred to is as follows:) [S. 2646, 85th Cong., 2d sess.] at the appellate jurisdiction of the Supreme Court in certain cases ted by the Senate and House of Representatives of the United fering in Congress assembled, That (a) chapter 81 of title 28 of States Code is amended by adding at the end thereof the following Ltation on appellate jurisdiction of the Supreme Court. standing the provisions of sections 1253, 1254, and 1257 of this Supreme Court shall have no jurisdiction to review, either by of certiorari, or otherwise, any case where there is drawn into Talicity of my fam tion or practice of, or the jurisdiction of, any committee or of the United States Congress, or any action or proceeding « »ulness charged with contempt of Congress; y action, function, or practice of, or the jurisdiction of, any officer the executive branch of the Federal Government in the adminf any program established pursuant to an Act of Congress or for the elimination from service as employees in the executive =of individuals whose retention may impair the security of the United Government; 37 "(3) any statute or executive regulation of any State the general purp of which is to control subversive activities within such State; "(4) any rule, bylaw, or regulation adopted by a school board, board education, board of trustees, or similar body, concerning subversive act ities in its teaching body; and "(5) any law, rule, or regulation of any State, or of any board of examiners, or similar body, or of any action or proceeding taken pursu to any such law, rule, or regulation pertaining to the admission of pers to the practice of law within such State." (b) The analysis of such chapter is amended by adding at the end ther the following new item: "1258. Limitation on the appellate jurisdiction of the Supreme Court." Mr. SOURWINE. I also offer for the record the text of the notice wh was placed by Senator Eastland in the Congressional Record with spect to this hearing. Senator HRUSKA. It is so ordered. (The text of the notice referred to, as published in the Congressio Record of February 3, 1958, pp. 1268 and 1269, is as follows:) NOTICE OF HEARING ON BILL TO LIMIT APPELLATE JURISDICTION OF SUPREME CO Mr. EASTLAND. Pursuant to resolution of the Committee on the Judiciary proved Monday, February 3, intensive hearings are to be held on the bill S. 2640 limit the appellate jurisdiction of the Supreme Court in certain cases. This introduced by Senator Jenner, would withdraw from the Supreme Court of United States appellate jurisdiction in certain specified fields, namely, first, y respect to the investigative functions of the Congress; second, with respect to security program of the executive branch of the Federal Government; third, y respect to State antisubversive legislation; fourth, with respect to home rule local schools; and, fifth, with respect to the admission of persons to the prac of law within individual States. All persons interested in testifying either for or against this bill or any of provisions should immediately communicate their desire in this regard to me the chief clerk of the Committee on the Judiciary, or to the counsel of the Inte Security Subcommittee. Dates will be scheduled for these hearings so as to care of all who wish to be heard; but, since the committee explicitly directed the hearings be concluded in time to report the bill back to the full committed action on March 10, it will be necessary for all persons who wish to appear testify to make their wishes known promptly in order that time may be assig to them. Attention is called to the provisions of the Senate rule requiring each wit who intends to present a statement before the committee to furnish the comm with a copy of such statement at least 24 hours before the time of his sched testimony. Mr. SOURWINE. Senator Jenner, who is recuperating from a rat severe illness at his home in Indiana, has asked that there be entere the record at the beginning of these hearings a statement which i rough, but which will soon be available. May that be put in? Senator HRUSKA. That will be incorporated at this point in the ord upon its arrival. (The statement referred to is as follows:) STATEMENT BY SENATOR WILLIAM E. JENNER The objective of my bill S. 2646 is to check judicial legislation in certain f where it has been damaging the internal security of the United States. Utilization by the Congress, as this bill proposes, of the power conferre paragraph 2 of section 2 of article III of the Constitution to regulate the ap late jurisdiction of the Supreme Court is the only effective way to reply to Supreme Court's usurpation of legislative power in these fields. This authority did not get into the Constitution by chance. It was specific inserted, as a part of the system of checks and balances which distinguishes Constitution of the United States. The purpose of this provision could |