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Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt
Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt
Michigan Law Review
State legislatures have been prompted by international tensions of recent years to enact new and stringent anti-subversive laws, thus adding to an already large body of statutes directed against various forms of subversion. Many of these statutes are open to serious objection on constitutional ·grounds. The purpose of this article is to examine those objections which are based upon the notion either that federal power in the area is exclusive or that Congress, expressly or by necessary inference, has pre-empted the field.
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Michigan Law Review
Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).