Uphaus v. Wyman
Opinion of the Court
delivered the opinion of the Court.
This case is here again on appeal from a judgment of civil contempt entered against appellant by the Merrimack County Court and affirmed by the Supreme Court of New Hampshire. It arises out of appellant’s refusal to produce certain documents before a New Hampshire legislative investigating committee which was authorized and directed to determine, inter alia, whether there were subversive persons or organizations present in the State of New Hampshire. Upon the first appeal from the New Hampshire court, 100 N. H. 436, 130 A. 2d 278, we vacated the judgment and remanded the case to it, 355 U. S. 16, for consideration in the light of Sweezy v. New Hampshire, 354 U. S. 234 (1957). That court reaffirmed its former decision, 101 N. H. 139, 136 A. 2d 221, deeming Sweezy not to control the issues in the instant case. For'
As in Sweezy, the Attorney General of New Hampshire, who had been constituted a one-man legislative investigating committee by Joint Resolution of the Legislature,
In court, appellant again refused to produce the information. He claimed that by the Smith Act,
The Merrimack County Court sustained appellant’s objection to the production of the names of the nonprofessional employees. The Attorney General took no appeal from that ruling, and it is not before us. Appellant’s objections to the production of the names of the camp’s guests were overruled, and he was ordered to produce them: Upon his refusal, he was adjudged in contempt of court and ordered committed to jail until he should- have complied with the court order. On the demand for the correspondence and the objection thereto, the trial court made no ruling but transferred the question to the Supreme Court of New Hampshire. That court affirmed the trial court’s action in regard to the guest list. Concerning the requested production of the correspondence, the Supreme Court entered no order, but directed that on remand the trial court “may exercise its discretion with respect to the entry of an order to enforce the command of the subpoena for the production of correspondence.” 100 N. H., at 448, 130 A. 2d, at 287. Ño remand having yet been effected, the trial court has not acted upon this phase of the case, and there is no final judgment requiring the appellant to produce the letters. We therefore do not treat with that question. 28 U. S. C. § 1257. See Radio Station WOW v. Johnson, 326 U. S. 120, 123-124 (1945). We now pass to a consideration of the sole
Appellant vigorously contends that the New Hampshire Subversive Activities Act of 1951
Appellant’s other objections can. be capsuled into the single question of whether New Hampshire, under the facts here,' is precluded from, compelling the production of the documents by the Due Process Clause of the Fourteenth Amendment. Let us first clear away some of the underbrush necessarily surrounding the case because of its setting.
First, the academic and political freedoms discussed in Sweezy v. New Hampshire, supra, are not present here in the same degree, since World Fellowship is neither a university nor a political party. Next, since questions concerning the authority of the committee to act as it did are questions of state law, Dreyer v. Illinois, 187 U. S. 71, 84 (1902), we accept as controlling the New Hampshire Supreme Court’s conclusion that “[t]he legislative history makes it clear beyond a reasonable doubt that it [the Legislature] did and does desire an answer to these, questions.” 101 N. H., at 140, 136 A. 2d, at 221-222. Finally, we assume, without deciding* that Uphaus had sufficient standing to assert any. rights of the guests whose
What was the interest of the State? - The Attorney General was commissioned
The nexus between World Fellowship and subvérsive activities disclosed by the record furnished adequate justification for the investigation we here review. The Attorney General sought to learn if subversive persons were in the State because of the legislative determination that such persons, statutorily defined with a view toward the Communist Party, posed a serious threat to the security
We now reach the question of the validity of the sentence. The judgment of contempt orders the appellant confined until he produces the documents called for in the subpoenas. He himself admitted to the court that although they were at hand, not only had he failed to bring them with him to court, but that, further, he had no intention of producing them. In view of appellant’s unjustified refusal we think the order a proper one. As was said in Green v. United States, 356 U. S. 165, 197 (1958) (dissenting opinion):
“Before going any further, perhaps it should be emphasized that we are not at all concerned with the power of courts to impose conditional imprison-. ment for the purpose of compelling a person to obey a valid order; Such coercion, where the defendant carries the keys to freedom in his willingness to comply with the court’s directive, is essentially a civil remedy designed for the benefit of other parties and has quite properly been exercised for centuries to secure compliance with judicial decrees.”
We have concluded that the committee’s demand for the documents was a legitimate one; it follows that the judgment of contempt for refusal to produce them is valid;
Affirmed.
“Resolved by the Senate and House of Representatives in General Court convened:
“That the attorney general is hereby authorized and directed to make full and complete investigation with respect to violations of the subversive activities act of 1951 and to determine whether subversive persons as defined in said act are presently located within this state. . . N. H. Laws, 1953, c. 307.
The investigation authorized by this resolution was continued by N. H. Laws, 1955, c. 197.
18 U. S. C. §2385 (1956).
N. H. Rev. Stat. Ann., 1955, c. 588, §§ 1-16.
Note 2, supra.
Note 1, supra.
Section 1 of the Subversive Activities Act, N. H. Rev. Stat. Ann., 1955, c. 588, §§ 1-16, defines “subversive person”:
“ 'Subversive person’ .means any person who commits, attempts to commit, or aids in the. commission, or advocates, abets, advises or teaches, by .any means any person to éommit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy or alter, or to assist in the overthrow, destruction or alteration of, the constitutional form of the government of the United States, or of the state of New Hampshire,- or any' political subdivision of either of theni, by force, or violence; or who is a member of a subversive' organization or a foreign subversive organization.”
Since 1927, there has been in effect the following statute in New 'Hampshire:
“All hotel keepers and all persons keeping public lodging houses, tourist camps, or cabins shall keep- a book or card system and cause each guest to sign therein his own legal name or name by which he is commonly known. Said book or card system shall at all times be open to the inspection of the sheriff or his deputies and to any police officer. . . .” N. H. Rev. Stat. Ann., 1955, c. 353, § 3.
The Attorney General represents that the public camp of World Fellowship, Inc., is clearly within the purview of this statute. Although the lists sought were more extensive than those required by the statute, it appears that most of the names were recorded pursuant to it.
Dissenting Opinion
The Court holds today that the constitutionally protected rights of speech and assembly of appellant and those whom he may represent are to be subordinated to New Hampshire’s legislative investigation becausé, as applied in the demands made on him, the investigation is rationally connected with a discernible legislative purpose. With due respect for my Brothers’ views, I do not agree that a showing of any requisite legislative purpose or other state interest that constitutionally can subordinate appellant’s rights is to be found in this record. Exposure purely for the sake of exposure is not such a valid subordinating purpose. Watkins v. United States, 354 U. S. 178, 187, 200; Sweezy v. New Hampshire, 354 U. S. 234; NAACP v. Alabama, 357 U. S. 449. This record, I think, not only fails to reveal any interest of the State sufficient to subordinate appellant’s constitutionally protected rights, but affirmatively shows that the investigatory objective was the impermissible one of exposure for exposure’s sake. I therefore dissent from the judgment of the Court.
I fully appreciate the delicacy of the judicial task of questioning the workings of a legislative investigation.
Judicial consideration of the collision of the investigatory' function with constitutionally protected rights of speech and assembly is a recent development in our constitutional law. The Court has often examined the validity under the Federal Constitution of federal and state statutes and executive action imposing criminal and other traditional sanctions on conduct alleged to be protected by the guarantees of freedom of speech and of assembly. The role of the state-imposed sanctions of imprisonment, fines and prohibitory injunctions directed against association or speech and their limitations under the First and Fourteenth Amendments has been canvassed quite fully, beginning as early as Gitlow v. New York, 268 U. S. 652, and Near v. Minnesota, 283 U. S. 697. And other state action, such as deprivation of public employment and the denial of admission to a profession, has also been recognized as being subject to the restraints of the Constitution. See, e. g., Wieman v. Updegraff, 344 U. S. 183; cf. Schware v. Board of Bar Examiners, 353 U. S. 232.
But only recently has the Court been required to begin a full exploration of the impact of the governmental
It was logical that the adverse effects of unwanted publicity — of exposure — as concomitants of the exercise of the investigatory power, should come to be recognized, in certain circumstances, as invading protected freedoms and offending constitutional inhibitions upen governmental actions. For in an era of mass communications and mass opinion, and of international tensions and domestic anxiety,. exposure and group identification by the state of those holding unpopular and dissident views are fraught with such serious consequences for the individual as inevitably to inhibit seriously the expression of views which' the Constitution intended to make free. Cf. Speiser v. Randall, 357 U. S. 513, 526. We gave expression to this, truism in NAACP v. Alabama: “This Court has recognized the vital relationship between freedom to associate and privacy in one’s associations. . . . Inviolability of privacy in group association may in many
Of course, the considerations entering into the weighing of the interests concerned are different where the problem is one of state exposure in the area of assembly and expression from where the problem is that of evaluating a state criminal or regulatory statute in these areas. Government must have freedom to make an appropriate investigation where there appears a rational connection with the lawmaking process, the processes of adjudication, or other essential governmental functions. In the investigatory stage of the legislative process, for example, the specific interest of the State and the final legislative means to be chosen to implement it are almost by definition not precisely defined at the start of the inquiry, and due allowance must accordingly be made. Also, when exposure is evaluated judicially as a governmental sanction, there should be taken into account the differences between1 it and the more traditional state-inflicted pains and penalties. True it is, therefore, that any line other than a universal subordination of free expression and association to the asserted interests of the State in investigation and exposure will be difficult of definition ; but this Court has rightly turned its back on the alternative of universal subordination of protected interests, and we must define rights in this area the best we can. The problem is one in its nature calling for traditional case-by-case development of principles in the various permutations of circumstances where the conflict may appear. But guide lines must be marked put by the courts. “This is the inescapable judicial task in giving substantive content, legally enforced, to the Due Process Clause, and it is a task ultimately committed to this Court.” Sweezy v. New Hampshire, 354 U. S. 234, 267 (concurring opinion). On the facts of this case 1 think
The appellant, Uphaus, is Executive Director of a group called World Fellowship which runs a discussion program ■at a summer camp in' New Hampshire, at which the public is invited to stay. Various speakers come to the camp primarily for discussion of political, economic and social matters. The appellee reports that Uphaus and some of the speakers have been said by third persons to have a history of association" with “Communist front” movements, to have followed the “Communist line,” signed amnesty petitions and amicus curiae briefs, and carried on similar activities of a sort which have recently been viewed hostilely and suspiciously by many Americans. A strain of pacifism runs through the appellant’s thinking, and the appellee apparently would seek to determine whether there should be drawn therefrom an inference of harm for our institutions; he conjectures, officially, " whether “the advocacy of this so-called peace crusade is for the purpose of achieving a quicker and a cheaper occupation ■ by the Soviet Union and Communism.” There is no evidence that any activity *of a sort that violates the law of New Hampshire or could in fact be constitutionally punished went on at the camp. What is clear is that there was- some sort of assemblage at the camp that was oriented toward the discussion of political and other public matters. The activities going on were those of private citizens. The views expounded obviously we.re minority views. But the assemblage was, on its face, for purposes to which the First and Fourteenth Amendments give constitutional protection against incur
The investigation with which this case is concerned was undertaken under authority of a 1953 Resolution of the New Hampshire General Court, N. H. Laws 1953, c. 307, and extended by an enactment in 1955, N. H. Laws, 1955, c. 197. The Resolution directed the Attorney General of the State (appellee here) to make a “full and complete investigation” of “violations of the subversive activities act of 1951”
The fruits of the first two years of the investigation were delivered to the Legislature in a comprehensive volume on January 5, 1955. The Attorney General urges this report on our consideration as extremely relevant to a consideration of the investigation as'it relates to appellant. I think that this is quite the case’; the report is an official indication of the nature of the investigation and is, in fact, the stated objective of the duty assigned by the Resolution to the Attorney General. It was with this
The introductory matter in the volume, to put the matter mildly, showed consciousness of the practical effect of the change of policy from judicial prosecution to exposure by the Attorney General of persons reported to be connected with groups charged to be “subversive” or “substantially Communist-influenced.” Virtually the entire “Letter of Transmittal” of the Attorney .General addressed itself to discussing the policy used in the report in disclosing the names of individuals. The Attorney General drew a significant distinction as to the names he would disclose: “Persons with past membership of affiliation with the Communist Party or substantially
The report certainly is one that would be suggested by the quoted parts of the foreword. No opinion was, as a matter of course, expressed by the Attorney General as to whether any person named therein was in fact a
. First. The Court seems to experience difficulty in discerning that appellant has any standing to plead the rights
Second. In examining the right of the State to obtain this information from the appellant by compulsory
“Effective ‘advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association, as this Court has more than once recognized by remarking upon the close nexus between the freedoms of speech and assembly. De Jonge v. Oregon, 299 U. S. 353, 364; Thomas v. Collins, 323 U. S. 516, 530. It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the. ‘liberty’ assured, by the Due Process Clause of the Fourteenth Amendment, which embraces freedom ■ of speech. See Gitlow v. New York, 268 U. S. 652, 666; Palko v. Connecticut, 302 U. S. 319, 324; Cantwell v. Connecticut, 310 U. S. 296, 303; Staub v. City of Baxley, 355 U. S. 313, 321. Of course, it is immaterial whether the beliefs sought to be advanced by association pertain to political, economic, religious or cultural matters, and state action which may have the effect of curtailing the-freedom to associate is subject to the closest scrutiny.” 357 U. S., at 460-461.
And in examining the State’s interest in carrying out a legislative investigation, as was said in a similar context in United States v. Rumely, supra, at 44, we must strive not to be “that ‘blind’ Court, against which Mr. Chief Justice Taft admonished in a famous passage, . . . that does not see what ‘[a] 11 others can see and understand.’ ” The problem of protecting the citizen’s constitutional rights from legislative investigation and exposure is a practical one, and we must take a practical, realistic approach-to it.
Most legislative investigations unavoidably involve exposure of some sort or another. But it is quite clear
One may accept the Court’s truism that preservation of the State’s existence is undoubtedly a proper purpose for legislation. But, in descending from this peak of abstraction to the facts of this case, one must ask the
The .investigation, as revealed by the report, was overwhelmingly and predominantly a roving,, self-contained investigation of individual and group behavior, and behavior in a constitutionally protected area. Its' whole approach was to name names, disclose information about those named/and observe that “facts are facts.” The New Hampshire Supreme Court has.upheld the investigatiori as being a proper legislative inquiry, it is true. In Nelson v. Wyman, 99 N. H. 33, 38, 105 A. 2d 756, 763, it said: “No sound basis can exist for denying to the Legislature the power to so investigate the effectiveness of its 1951 act even though, as an incident to that general inves-tigation, it may be necessary to inquire as to whether a particular person has violated the act. . . . When thé investigation provided for is a general one, the discovery of a specific, individual violation of law is collateral and subordinate to the main object of the inquiry.” In evaluating this, it must be admitted that maintenance of the separation of powers in the States is not, in and of itself, a concern of the Federal Constitution. Sweezy v. New Hampshire, supra, at 255; Crowell v. Benson, 285 U. S. 22, 57. But for an investigation in the field of the constitutionally protected freedoms of speech and.assemblage -to be upheld by the broad standards of relevance permissible in a legislative inquiry, some relevance to a
It is not enough to say¡ as the Court's position I fear may amount to, that whát was taking place was an investigation and until the Attorney General and the Legislature had in all the data, the precise shape of the legislative action to be taken was necessarily unknown. Investigation and exposure, in the area which we are here concerned with, are not recognized as self-contained legislative powers in themselves. See Watkins v. United States, supra, at 200. Cf. NAACP v. Alabama, supra. Since this is so, it hardly fulfills the responsibility with which this .Court is charged, of protecting the constitutional rights of freedom of speech and assembly, to admit that an investigation going on indefinitely in time, roving in subject matter, and cumulative in detail in this area can be in aid of a valid legislative end, on the theory that some day it may come to some point. Even the most abusive investigation, the one most totally committed to the constitutionally impermissible end of individual adjudication through publication, could pass such a test. At the stage of this investigation that we are concerned with, it'continued to be a cumulative, broad inquiry into the specific details of past individual and associational behavior in the political area. It appears to have been a classic example of “a fruitless investigation into the personal affairs of individuals." Kilbourn v. Thompson, supra, at 195. Investigation appears to have been a satisfactory end product for the State, but it cannot be so for us in. this case as we
This Court’s approach to a very similar problem in NAACP v. Alabama, supra, should furnish a guide to the proper course of decision here. There thé State
The precise details of the inquiry we are concerned with here underlines this. The Attorney General had World Fellowship’s speaker list and had already made publication of it in the fashion to which I have alluded. He had considerable other data about World Fellowship,' Inc., which he had already published. What reason has been demonstrated, in terms of a legislative inquiry^ for going into the matter in further depth? Outside of the fact that it might afford some further evidence as. .to the existence of “subversive persons” within the State, which I have
The Court describes the inquiry we must make in this matter as a balancing of interests. I think I have indicated that there has been no valid legislative interest of the State actually defined and shown in the investigation as it operated, so that there is really nothing against which the appellant’s rights of association and expression can be balanced. But if some proper legislative end of the inquiry can be surmised, through what must be a process of speculation, I think it is patent that there is really no subordinating interest in it demonstrated on the part of the''State. The evidence inquired about was simply an effort to get further details about an activity as to which there already were considerable details in the hands of the Attorney General. I can see no serious and substantial relationship between the furnishing of these further minutiae about what was going on at the World Fellowship camp and the process of legislation, and it is the process of legislation, the consideration of the enactment of laws, with which ultimately we are concerned. We have a detailed inquiry into an assemblage the general contours of which were already known on the one hand, and on the other the remote and speculative possibility of some sort of legislation — albeit legislation in a field where there are serious constitutional limitations. We
Mr. Justice Black and Mr. Justice Douglas would decide this case on the ground that appellant is being deprived of rights under the-First and Fourteenth Amendments, for the reasons developed in Adler v. Board of Education, 342 U. S. 485, 508 (dissenting opinion); Beauharnais v. Illinois, 343 U. S. 250, 267, 284 (dissenting opinions). But they join Mr. Justice Brennan’s dissént because he makes clear to them that New Hampshire’s legislative program resulting in the incarceration of appellant for contempt violates Art. I, § 10 of the Constitution which provides that “No State shall. . . . pass any Bill of Attainder.” See United States v. Lovett, 328 U. S. 303, 315-318, and cases cited; Joint Anti-Fascist Refugee Committee v. McGrath, 341 U. S. 123, 142-149 (concurring opinion).
The two leading earlier cases relate generally to the congressional' power to investigate, and were not required to explore it in the contexts of freedom of speech and of assembly. Kilbourn v. Thompson, 103 U. S. 168; McGrain v. Daugherty, 273 U. S. 135. See the opinion in the latter case, ibid., at 175-176.
The Act was c. 193 of the Laws of New Hampshire, 1951. After an extensive preamble, § 1 provided various definitions, including definitions of • “subversive organization” and “foreign subversive organization”; the definition of “subversive person,” also provided, was: “any person who commits, attempts to commit, or aids in the commission, or advocates, abets, advises or teaches, by any means any person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy or alter, or to assist in the overthrow, destruction -or alteration of, the constitutional form of the government of the United States, or of the state of New Hampshire, or any political subdivision of either of them, by force, or violence; or who is a member of a subversive organization or a foreign subversive organization.” For a discussion of the breadth of this definition, see Sweezy v. New Hampshire, supra, at 246-247.
Section 2 of the Act defines the crime of sedition. The definition is based on the quoted definition of “subversive person,” except that the final “membership clause” is omitted and a “clear and present danger” test is introduced in regard to advocacy, abetting, advising and teaching. Assisting in the formation of a subversive organization or foreign subversive organization, managing one, contributing to its support, destroying its papers, or hiding its funds, “knowing said organization to be a subversive organization or a foreign subversive organization” also constitutes the offense, which is punishablfe by twenty years’ imprisonment or a fine of $20,000, or both. Those who become or remain members of a subversive organization or a foreign subversive organization, after certain dates, “knowing said organization to be a subversive organization or a foreign subversive organization,” under § 3, are liable to five years’ imprisonment or' a $5,000 fine, or both. Section 4 disqualifies those convicted under
None appears to have been made.
The Communist Control Act of 1954, § 5, c. 886, 68 Stat. 776, 50 U. S. C. § 844.
Although the nature of the investigation of individuals is difficult to convey without reproduction of the full report, two individual write-ups from other sections of the book (the names, are use.d in the .report but not here) are illustrative.
A two-page item is entitled “The Matter of . . . [X]It begins:
“In recent years there has been opposition to legislative investigations in some academic circles. Charges^have been made, usually without an accompanying scintilla of evidence, that 'hysteria’ rules the 'cduntry*93 and that teachers are afraid to teaGh ‘the truth’ because of the ‘witch hunters.’ This line is repeated ad infinitum-in the Communist ‘Daily-Worker.’
“In New Hampshire, during the course of this investigation, a case did arise where rumors were circulated concerning-a teacher. . . .”
The report proceeds: “The teacher concerning whom the rumors were circulated was [X], a teacher in the [Y city] public school system. When the rumors concerning Mr. [X] came .to the attention of this office,he was invited to testify. ...”
The report relates that X appeared “voluntarily” and testified “fully” that he was not a member of any organization on the Attorney General’s list, and never had been. “This office was prepared to. make full investigation of the facts and to make public the results of such an investigation if. it would effectuate the purposes of the current probe. [X] resigned and secured employment outside the state. Had [X] not decided to submit his resignation, such a course of action would have been taken; but facilities were not available for inquiring into moot problems. . .
The report, after noting that none of its available usual informants had anything damaging to say about X, concludes its discussion of this “matter”: “It should be clear to factions who oppose per se any legislative investigation into subversion that such investigations can serve the purpose of insuring legitimate academic interests against unfounded rumor or gossip.” We are left to conjecture whether Mr. X would subscribe to the Attorney General’s conclusion.
An 11-page write-up is the story of Y, a Chief of Police in a New Hampshire municipality. Y admitted having been a Communist from 1936 till 1944, but said that he withdrew, then, and currently regarded the Communist Party as something on a par with Hitler. A witness said that Y’s name was on a secret Communist Party list after then. Pages of the details of inconclusive statements and counterstatements in this regard follow, including a “confrontation” of Chief Y and a witness in the Attorney General’s office, at which were present the Board of Selectmen of the town for which he was Police Chief. The report then lists various “situations in which Chief [Y] was not able to be of assistance to this investigation” and finally comes to the “Conclusion”: “Due to the conspiratorial,
The usual individual biography is shorter and less detailed than this; many just state the individual’s name and street address, set forth a reference to him in the Daily Worker or an “identification” with the Communist Party at some 'date or wrara “front” group, and state that the subject invoked or took refuga, in the privilege against self-incrimination when questioned before the "Attorney General.
See p. 92, supra.
The Court, apparently, draws some support from the New Hampshire lodging house registration statute for its conclusions about the lack of substantiality of the guests’ interests in nondisclosure. Since the statute admittedly .would not cover what the Attorney General, desired to obtain and since the New Hampshire courts themselves did not rest on it, it is difficult to find any basis for this reliance. It would be time enough to deal with a production order based on that statute when it arose.
While as a general matter it is true that a State can distribute its governmental powers as it sees fit, as far as the Federal Constitution is concerned, it is also true that (regardless of what organ exercises the functions) different constitutional tests apply in examining state legislative and state adjudicatory powers. See Bi-Metallic Investment Co. v. State Board of Equalization, 239 U. S. 441.
Cf. the address of Mr. William T. Gossett, Vice-President and General Counsel of Ford Motor Company at the Annual Brotherhood Dinner, Detroit', Michigan, November 20, 1958, in which he'said:
“We must urge upon our law-makers a scrupulous exactness, particularly in the exercise of their investigative powers. When we are frustrated by the feeling that certain people — suspected subversives, gangsters or labor racketeers, for example — have flaunted society with impunity, it is tempting to' pillory them through prolonged public exposure to hearsay testimony, intemperate invective and other forms of abuse. But to try by such means to destroy those, whom we are unable to convict by due process of law may destroy instead the very safeguards that protect us all against tyranny and arbitrary power.”
McGrain v. Daugherty found legislative justification in a congressional inquiry which presented a rather strong element of exposure of past wrongdoing, to be sure. But the possibility of legislation was much more real than is the case here, and the legislative subject matter — control and regulation of the structure and workings of an executive department — was one not fraught with the constitutional problems presented by legislation in the field of political advocacy and assembly. And the inquiry itself, most significantly, was not directed at private assembly and discussion, but at the conduct of a public official in office; it did not have the inhibitory effect on basic political freedoms • that the inquiry we are here concerned with presents. Cf. Watkins v. United States; supra, at 200, n. 33. The Daugherty case is basically, then, one relating to the distribution of powers among branches of the Federal Government.
Reference
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