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CHAPTER TWENTY-THREE
The Communists’ Jubilation—and a Warning
In the light of this whole sorry record of the Court’s usurpation of the rights of the states and the citizens, and the terrifying go-ahead signal it has given to the communist conspiracy in America, we need not be surprised at the jubilation in communist circles over the Supreme Court of the United States.
The Court’s decision in the Smith Act case freed from conviction fourteen West Coast communists. Dorothy Healey Connolly, former chairman of the Communist Party in Los Angeles County and spokesman for the communists on the West Coast, rejoiced: “This is the greatest victory the Communist Party ever had.” She added that it would “result in the rejuvenation of the Communist Party in America.” It certainly has, because, as a result of the Court’s rulings, one communist after another has been set free by the lower courts; to say nothing of a whole batch of fellow-traveling leftists who thumb their noses at congressional committees and are free from punishment—thanks to the Supreme Court of the United States.
The communist Daily Worker in New York carried ecstatic front-page headlines about the Court’s decisions. It hailed them as “liberty rulings” and “A Milestone for Democracy.” The communists even held a rally in September, 1957. Its purpose? Let the Daily Worker spell it out: “To pay honor to the U.S. Supreme Court and its recent decisions,” and to “Hit out at attempts to undo the decisions.”
We may well ask if Messrs. Warren, Frankfurter, Black, Douglas, Harlan, and Brennan are proud of these encomiums from the enemies of the nation whose laws these justices are sworn to uphold. Even so restrained and objective an observer as David Lawrence has called the Court’s decisions “Treason’s Greatest Victory.” Those are strong words—words we should think would bring at least a few sleepless nights to any justice who has still left in his soul a scrap of love for the American Republic.
We might ponder well—as might also the justices of the Supreme Court—the words of one who knows, perhaps better than anybody else in America, whereof he speaks. Robert Morris was the counsel of the Senate Sub-Committee on Internal Security. His knowledge of the communist conspiracy in the United States can be matched perhaps only by that of J. Edgar Hoover. Morris was an officer in Naval Intelligence and has had years of service with the Internal Security Committee. He also has a thorough knowledge of the law. In fact, he was elected a judge in New York and resigned that post to return to his work with the Internal Security Committee because of his concern over the inroads the communist conspiracy was making in the country he loved. Judge Morris is not a headline hunter nor an amateur investigator. His investigation of the Institute of Pacific Relations was a model of careful fact finding and considerate handling of witnesses and resulted in an unassailable record of the work of the communist-dominated IPR in influencing the American government to let China fall into the hands of the communists. Here is what Judge Robert Morris had to say about the Supreme Court of the United States:
An aggressive majority of the Supreme Court, bypassing judicial precedent and grievously misunderstanding the nature of the Soviet organization in the United States, has undertaken a campaign to level all existing barriers against communist penetration. This majority has denied to the states the right to protect themselves against communist insurrection and infiltration on the theory that Congress has preempted that function for the federal government. Ironically enough, it has supplemented that decree by eliminating for all practical purposes the right of the federal government to check subversion and insurrection.
The spectacle of five judges, in the face of this world struggle, by-passing established judicial precedent and forcing the FBI to expose its secret and complicated files to the sworn enemies of this country is difficult to comprehend.
So it is. But perhaps, now that we have had a look at the judges themselves, their past records, and the purpose for which they were packed onto the Court, we can see a little more clearly the frightening role they were expected to play. It amounted to nothing less than to break down the sovereignty of the American states, to bring all power over the states and their citizens to the center, and to give the enemies of America a free hand in their efforts to destroy the American republic and set up in its place a collectivist society. We must admit that the justices, in most cases, have played their roles like veteran actors.
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