Law Commons^™

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …

Constitutional Law- Sixth Amendment-Impartial Jury-Government Employees On Jury When Government Is Party, G. B. Myers S.Ed.

Michigan Law Review

Petitioner, General Secretary of the Communist Party in the United States, was convicted of contempt of Congress after he failed to obey a subpoena of the Committee on Un-American Activities of the House of Representatives. At the trial counsel for the petitioner during voir dire examination inquired as to the employment of each prospective juror, and challenged all Government employees for cause. Counsel argued that because of the "Loyalty Order" and other security investigations taking place in Washington, Government employees would be afraid to risk the possible consequences of an acquittal and were therefore subject to implied bias. The challenge …