Judicial review, United States Supreme Court, Subversion
Constitutional Law | Courts | State and Local Government Law
In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite and workable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting Supreme Court examination of state policy and activities toward these questions.
Cramton, Roger C., "The Supreme Court and State Power to Deal with Subversion and Loyalty" (1959). Cornell Law Faculty Publications. Paper 1259.
Published in: Minnesota Law Review, Vol. 43, No. 6 (May 1959).