Jurisdiction in Sedition Cases1956 - 38 pages |
Common terms and phrases
antisedition Association of Attorneys attempts to overthrow Bridges bill Chairman EASTLAND Commonwealth of Massachusetts Communist Control Act Communist Party concurrent jurisdiction conflict Congress intended congressional Congressman Smith conspiracy Constitution cooperation cosponsor criminal anarchy dominant interest effect enforce legislation exclusive Federal Government Federal law force and violence George Fingold Hampshire HERMAN WELKER intent of Congress Internal Security Act investigate JOHN JOHN STENNIS Margaret Gilbert ment MORRIS munist opinion overthrow the Federal Pennsylvania PRICE DANIEL prohibiting sedition prosecute provision question reason record republican form Sedition Act sedition and subversive sedition field sedition laws Senate Office Building Senator Bridges Senator DANIEL Senator Jenner Senator MARTIN Senator MCCARTHY Smith Act statutes Steve Nelson decision STYLES BRIDGES supersession Supreme Court decision Supreme Judicial Court Territories Territory of Hawaii Thank thereof tion title 18 try to overthrow United States Code UNITED STATES SENATE United States Supreme violent overthrow Washington WYMAN
Popular passages
Page 37 - criminal syndicalism' as used in this act is hereby defined as any doctrine or precept advocating, teaching or aiding and abetting the commission of crime, sabotage (which word is hereby defined as meaning wilful and malicious physical damage or injury to physical property), or unlawful acts of force and violence or unlawful methods of terrorism as a means of accomplishing a change in industrial ownership or control, or effecting any political change.
Page 3 - That nothing in this section shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof...
Page 2 - Except to the extent specifically provided by any statute hereafter enacted by the Congress, the enactment of (a) any provision of law contained in this chapter or in chapter 37, 67, or 105 of this title, (b) the Subversive Activities Control Act of 1950, (c) the Communist Control Act of 1954, or (d) any other Act of Congress heretofore or hereafter enacted which prescribes any criminal penalty for any act of subversion or sedition against the Government of the United States or any State of the United...
Page 3 - State of any statute of such State prescribing any criminal penalty for any act, attempt, or conspiracy to commit sedition against such State or the United States, or to overthrow the Government of such State or the Government of the United States. "As used in this section, the term 'State...
Page 4 - Congress may touch a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.
Page 35 - State shall receive thereunder the benefits of the constitutional provision which declares that the United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the legislature, or the Executive (when the Legislature cannot be convened), against domestic violence.
Page 28 - Nelson itself we said that the "precise holding of the court ... is that the Smith Act . . . which prohibits the knowing advocacy of the overthrow of the Government of the United States by force and violence, supersedes the enforceability of the Pennsylvania Sedition Act which proscribes the same conduct.
Page 35 - Nor will we assume in advance that a State will so construe its law as to bring it into conflict with the federal Constitution or an act of Congress.
Page 31 - The precise holding of the court, and all that is before us for review, is that the Smith Act of 1940, as amended in 1948, which prohibits the knowing advocacy of the overthrow of the Government of the United States by force and violence, supersedes the enforceability of the Pennsylvania Sedition Act which proscribes the same conduct.