Chills Down My Spine: Lessons from Segregationists

Tonight I read a Supreme Court case that was a page from a book we are reading in San Francisco. A book about discrimination at Badlands and lessons from segregationists.

As far as I can see, the only arguments that Les Natali has made is an attack on the Human Rights Commission based on process. Well, this argument was unsuccessfully used by segregationists in the South against findings by a commission on Civil Rights in a Supreme Court Case called Hannah v. Larche. Reading the case sent shivers down my spine. It was like reading the SF Weekly article all over again. Acts of Commission. Read the holding from the case for yourself and then re-read the article.

The Civil Rights Act of 1957 created in the Executive Branch of the Government a Commission on Civil Rights to investigate written, sworn allegations that persons have been discriminatorily deprived of their right to vote on account of their color, race, religion or national origin, to study and collect information "concerning legal developments constituting a denial of equal protection of the laws," and to report to the President and Congress. The Commission is authorized to subpoena witnesses and documents and to conduct hearings. The Act prescribes certain rules of procedure; but nothing in the Act requires the Commission to afford persons accused of discrimination the right to be apprised as to the specific charges against them or as to the identity of their accusers, or the right to confront and cross-examine witnesses appearing at Commission hearings; and the Commission prescribed supplementary rules of procedure which deny such rights in hearings conducted by it. Held:


1. In the light of the legislative history of the Act, the Commission was authorized by Congress to adopt such rules of procedure. Pp. 430-439.

2. Since the Commission makes no adjudications but acts solely as an investigative and fact-finding agency, these rules of procedure do not violate the Due Process Clause of the Fifth Amendment. Morgan v. United States, 304 U.S. 1 ; Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 ; Greene v. McElroy, 360 U.S. 474 , distinguished. Pp. 440-452.

3. Such rules of procedure do not violate the Sixth Amendment, since that Amendment is specifically limited to "criminal prosecution," and the proceedings of the Commission do not fall in that category. P. 440, n. 16. [363 U.S. 420, 421]

4. The Civil Rights Act of 1957 is appropriate legislation under the Fifteenth Amendment. P. 452.

5. Section 7 of the Administrative Procedure Act is not applicable to hearings conducted by this Commission. Pp. 452-453.

It's painful to read really.