In another fit'4
the U. S. Supreme Court 1
that the equal protection
the 14th Amendment "rei
the seats in both houses -of a
cameral state legislature must
apportioned on a population basis.”
The latest June 15 ruling, the
fourth in a series which began on
March 36, 1962 with Baker v. Carr,
is certain to affect virtually every
state in the Union. It further spells
out the new court doctrine of “one
man, one vote” on legislative rep
resentation, and applies it now to
State Senates. ' ' • |
These four decisions represent a
drastic departure from all prior Su
preme Court positions. Until the
Tennessee state legislature reap
portionment case of Baker v. Carr,
the Court had taken the position
that this Was\a political question
and not a judicial question. Th^
majority opinion m the Baker y.
Carr decision overrulued this long
held opinion.
The ilissenting Justices said that
the Court was entering a political
thicket.
The June 15th -cases involved
state legislative representation in
the six states of New Yor, Colo
rado, Maryland, Delaware, Virginia,
and Alabama. Justices Harlan, Ste
wart, and Clark in strong dissents
said that the Court was not apply
ing constitutional legal standards
and was forgetting the basic con
cepts of orderly governmental pro
cesses. *
Justice Harlan stated the major
problem involved in his conclusion:
“These decisions also cut deeply in
to the fabric of our federalism.
What must follow from them may
eventually appear to be the product
of State Legislatures.
Nevertheless, no thinking person
can fail to recognize that the after
math of these cases, however, de
sirable it may be thought in itself,
will have been achieved -at the
cost of a radical alteration in the
relationship between the States and
the Federal Government, more par
ticularly the Federal Judiciary.
Only one who has an overbearing
impatience with the federal system
and its political processes will be
lieve that that cost was not" too
high or was inevitable.”
Therein perhaps lies the crux tit
the mater. The decisions conveyea
an impatience by the majority of
the Court'with the established pro
cesses of government. Unfortu
nately, local ajnfstate governments
are sometimes 1|W to perform their
•proced
itude has brought the
itude that nothing is be
about the matter. Those
who believe in local sell govern
ment make a mistake when they
fail to discharge their duties. There
is always the insistent demand that
the Federal government perform
the task for them.
But, the latest apportionment de
cisions so far beyond the usual
questions of representation and
population. The i doctrine has been
expanded to include State Senates
which have heretofore represented
geographical and other diverse in
terests. It raises other possible
Federal questions.
Will the Supreme Court continue
this line of decisions to conclude
that the United States Senate must
be based upon population in . its
represenfation ?
What of the Electoral College
system of electing the President
and Vice President? Congfess has
before it many proposals to amend
the Constitution with respect to
the Electoral College system, but
no new plan has received a major
ity consensus.^ Admittedly, the
Court is unlikely to enter these
political thickets soon, but there
are court decisions now which fur
nish the basis for concern.
I have no doubt that representa
tion problems ought to be met. Yet,
the question remains should the
Court institute these reforms? I
think not, for court decrees are un
suited for the political decisions
best calculated to insure represen
tative government.
SENATOR JORDAN
Continued (ram Rate 3
future. I have purposely refrained
from discussing the matter public
ly lately because 1 did not -want my
remarks to be taken as politically
inspired or motivated.
At the moment, four immediate
problems are facing tobacco. They
are:
L The proposed labeling of to-.
...... ,■
individual
these >robl<
for all segments of the tobacco in
dustry — from farmers to manu
facturers — and all others interest
ed in the welfare of tobacco, to
work out a unified working ar
rangement whereby the entire in
dustry can put up a strong and
unified front in meeting and solv
ing problems, ;'•>•
Real progress is being made
along these lines in meeting the
question of labelling tobacco as'
harmful to health. Various tobacco
organizations are working together
in carrying the Federal! Trade Com
mission’s labeling ruling to the
Federal Courts.
In recent weeks I have spent con
siderable time working out ways to
put tobacco research on a crash
basis. This is essential not only
from the standpoint of the tcbacco
health problem, but also from the
standpoint of the quality problem
and the problem of expanding for
eign markets.
Recently Senator Ervin and I
had a lengthy conference with
President Johnson about this par
ticular aspect of the tobacco prob
lem.y We urged the President to
“b?ef up’’ the current tobacco re
search program and initiate meas
ures to better coordinate the var
ious research being carried on by
many agencies having effects on
tobacco.
It is my feeling that the labeling
of tobacco would not prevent people
from smoking. The trig job ahead
of us at the moment is to determine
what there is in tobacco that; af
fects health, if in fact there is any
thing, identify, it and then remove i
it from tobacco. This can be done
only through research.
In terms of current demand, the
supply of tobacco is tremendously
high. I think there is an urgent
need to explore the possibilities of
moving some of our surplus,'tobac
co behind the Iron Curtain. I sin
cerely hope we can work out ah
arrangement through the State De
partment to move some surplus to
bacco in t o Communist countries
under a program similar to that in
on Diamonds, Watches, Jew
dry, Silver, Typewriters, '
OU Coins, Gold, Musical
Instruments, and Guns.
PHILLIPS
LOAN St JEWELERS
401 N. QUEEN ST.
London Tower Gin
London
but it will not be / finally decided
for at least several months. While
this is a very serious problem, I
am sure the Court of Appeals will
uphold the basic tobacco program
and the way it has operated in the
is done to
we haa>e
the price will certainly be affected.
In reviewing these problems,
which are by no means all that
face tobacco, it is easy to see that
we haste our work cut out for us.
As in .the past, I intend to do all
I can to solve these roblems and
I am sure they can be solved if all
those interested in and affected by
#e tbbacco program will work to
gether in unity and harmony.
' _I—... ft
.
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