PRESIDENT NIXON'S EXECUTIVE ORDER 11605 CONTROL BOARD 92-1 HEARING BEFORE THE SUBCOMMITTEE ON OF THE COMMITTEE ON THE JUDICIARY NINETY-SECOND CONGRESS FIRST SESSION ON S. 2466 A BILL TO INSURE THE SEPARATION OF FEDERAL AND S. Res. 163 RESOLUTION EXPRESSING THE SENSE OF THE SENATE GOV'T NIV RSITY MAY 1972 DOCUMENT DEPARTMENT 70-655 OCTOBER 5 AND 7, 1971 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1971 COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas EDWARD M. KENNEDY, Massachusetts QUENTIN N. BURDICK, North Dakota ROMAN L. HRUSKA, Nebraska STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland SUBCOMMITTEE ON SEPARATION OF POWERS JOHN L. MCCLELLAN, Arkansas CHARLES MCC. MATHIAS, JR., Maryland RUFUS L. EDMISTEN, Chief Counsel and Staff Director PHILIP B. KURLAND, Chief Consultant (II) Hon. Sam J. Ervin, Jr., a U.S. Senator from the State of North Carolina, chairman, Subcommittee on Separation of Powers- - - Hon. Edward J. Gurney, a U.S. Senator from the State of Florida; member, Mahan, Hon. John W., Chairman, Subversive Activities Control Board; accompanied by Bernard J. Waters, General Counsel, Subversive Miller, Arthur S., professor of law, National Law Center, the George Washington University; consultant, Subcommittee on Separation of Rehnquist, Hon. William H., Assistant Attorney General, Office of Legal PROPOSED LEGISLATION S. 2466-A bill to insure the separation of Federal powers and to preserve S. Res. 163-Resolution expressing the sense of the Senate with respect to the doctrine of separation of powers as it applies to Executive Order Amendment 253 to H.R. 9272 (to provide that no appropriated funds shall be made available for the Subversive Activities Control Board to execute any of the additional functions, duties, or powers which Executive Order 11605, dated July 2, 1971, purports or undertakes to confer on the Page. 14 13 Executive Order 9300, Establishing the Interdepartmental Committee To Executive Order 11605, Security Requirements for Government Employ- ment Amendment of Executive Order No. 10450 of April 27, 1953, Relating to Security Requirements for Government Employment; signed by President Richard Nixon, July 2, 1971.- - - - 101 102 106 95 RULES OF PROCEDURE Subversive Activities Control Board, rules of procedure-proceedings under Executive Order No. 11605; issued by John W. Mahan, Chairman, Subversive Activities Control Board, Federal Register, vol. 36, No. 176, 5 U.S.C., Sec. 7512. Cause; procedure; exception. 5 U.S.C., Sec. 7532. Suspension and removal_ 5 U.S.C., Sec. 7533. Effect on other statutes_ OTHER PERTINENT STATUTORY PROVISIONS American Servicemen's Union, et al. v. John N. Mitchell, et al., U.S. District 178 259 189 SUPPLEMENTAL MATERIAL Hruska, Hon. Roman L., a U.S. Senator from the State of Nebraska, letter of May 1, 1968, with Memorandum of March 15, 1968, "Foreign Direct Investment Regulations"; and reply of Hon. Sam J. Ervin, Jr., chairman, Senate Subcommittee on Separation of Powers, May 7, 1968.. Rarick, Hon. John R., Representative from the Sixth Congressional District of Louisiana, "The State of National Emergency and Executive Orders," statement in the House of Representatives, with supporting documents, Congressional Record, September 27, 1971. Countryman, Vern, professor of law, Harvard University; vice chairman, New England Region, National Committee Against Repressive Legisla- tion, "An Analysis of President Nixon's Executive Order 11605 Regard- ing the SACB, signed July 2, 1971". Wulf, Melvin L., legal director, American Civil Liberties Union, statement, Report, Executive Orders; A Brief History of Their Use and the -American Law Division memorandum, "Executive Orders, Issued During 1959-69, which are Vulnerable to Challenge as Entailing -American Law Division memorandum, "Bibliography on the 169 -Report, "The Present Status of the Subversive Activities Control Board," April 21, 1969; revised July 2, 1970, and August 10, 1971- Baltimore Evening Sun, "Sadly, SACB Survives," July 20, 1971. Boston Globe, Boston, Mass., "A $450,000 Boondoggle," July 21, 1971--- Boston Globe, Boston, Mass., "A Welcome Challenge," September 3, 1971- 316 318 Columbian, Vancouver, Wash., "A Tougher Stance?" July 21, 1971.......... 298 294 Edwards, Willard, Chicago Tribune, "Debate in Senate Inconsistent," 304 Elsasser, Glen, Chicago Tribune, "Subversive Control Board Faces Test of 303 Enquirer and News, Battle Creek, Mich., "No Need for SACB, Leave It 313 The Evening Star, Washington, D.C., "No Time for Witch Hunts," 308 Greensboro Daily News, Greensboro, N.C., editorial, “Funeral for a Fossil," Houston Post, Houston, Tex., "SACB's New Challenge," August 23, 1971- Kilpatrick, James J., The Evening Star, Washington, D.C., "Nixon's Bold 321 314 320 297 Long Island Press, Long Island, N. Y., "A Job for the Attorney General," 296 Matthews, Curt, The Post-Dispatch, St. Louis, Mo., "Subversive Unit's 311 McFeatters, Ann, Post-Herald, Birmingham, Ala., “Agency Has Big 301 Miami Herald, Miami, Fla., "Ervin Scores Probers of Subversives," October 6, 1971.. 317 Miami News, Miami, Fla., "Gurney Hits Subversion, Seeks Action," 317 The New York Times, "Nothing To Do," July 25, 1971. 302 305 Patriot Ledger, Quincy, Mass., editorial, "Hanging On," July 22, 1971. 300 313 Roberts, Archibald E., Lt. Col., AUS, ret., Borger (Tex.) News Herald, "State of National Emergency Legalizes the Executive Orders: The National Emergency", Sept. 19, 1971 Schmidt, Dana Adams, The New York Times, "Ervin Denounces Nixon 161 Segal, Robert, Jewish Bulletin, One Man's View, "What Constitutes 318 319 Sheboygan Press, Sheboygan, Wis., "Executive Authority," July 23, 1971__ Swartz, Jay, The Federal Times, "SACB Idle Despite New Bestowed 302 310 322 Valley News, Lebanon, N.H., "Ervin's Defense," August 25, 1971. 315 293 The Washington Post, Washington, D.C., editorial, "Curbing Freedom of 295 The Washington Post, Washington, D.C., "28 Senators Write Letter 305 The Washington Post, Washington, D.C., editorial, "Inherent Powers' and 306 The Washington Post, Washington, D.C., editorial, "The Sense of the 309 The Washington Post, Washington, D.C., editorial, "Governmental 316 The Washington Post, Washington, D.C., editorial, "Faith in One Another," October 3, 1971. 322 Young, Joseph, The Evening Star, Washington, D.C., "Plan Is Drawn by 323 Zimmerman, Richard G., Plain Dealer Sunday Magazine, "Executive 324 |