Opinion

Archie Brown v. United States

  • 334 F.2d 488
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 9, 1964
Status
Published
Author
Barnes
On the bench
Duniway, Hamley, Chambers, Barnes, Jertberg, Merrill, Koelsch, Browning, Duni-Way
Cited by
15 cases

The opinion

BARNES, Circuit Judge

(dissenting).

I concur with Judge Chambers, both in his agreement with Judge Merrill’s opinion, and in his dissent therefrom, as well as his dissent with Judge Hamley on the jury question. I believe that the delicate “balance struck by Congress comports with the dictates of the Constitution.” The “wide scope of congressional power to keep from the channels of commerce that which would hinder and obstruct such commerce” is not, to me, violative of § 504 here considered.

While a police officer, or a congressional employee, under investigation, has a “right” to invoke the Fifth Amendment —he has no rjght to hold a particular job thereafter. ^ Appellant herein had a right to be a certain kind of member in the Communist Party, but has no “right” to hold office in labor unions, which office directs the labor union’s policy, once Congress has seen fit to refuse him such office holding. The congressional right to protect the full flow of interstate commerce must itself be protected ; not at all odds, but when reasonably exercised, as I feel it here was. In this I disagree with the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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