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PRESIDENT NIXON'S EXECUTIVE ORDER 11605
RELATING TO THE SUBVERSIVE ACTIVITIES

CONTROL BOARD

92-1

HEARING

BEFORE THE

SUBCOMMITTEE ON
SEPARATION OF POWERS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-SECOND CONGRESS

FIRST SESSION

ON

S. 2466

A BILL TO INSURE THE SEPARATION OF FEDERAL
POWERS AND TO PRESERVE THE CONSTITUTIONAL
RIGHTS OF CITIZENS

AND

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 11605,
DATED JULY 2, 1971

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
SAM J. ERVIN, JR., North Carolina
PHILIP A. HART, Michigan

EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana

QUENTIN N. BURDICK, North Dakota
ROBERT C. BYRD, West Virginia
JOHN V. TUNNEY, California

ROMAN L. HRUSKA, Nebraska
HIRAM L. FONG, Hawaii
HUGH SCOTT, Pennsylvania

STROM THURMOND, South Carolina
MARLOW W. COOK, Kentucky

CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida

SUBCOMMITTEE ON SEPARATION OF POWERS
SAM J. ERVIN, JR., North Carolina, Chairman

JOHN L. MCCLELLAN, Arkansas
QUENTIN N. BURDICK, North Dakota

CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida

RUFUS L. EDMISTEN, Chief Counsel and Staff Director
JOEL ABRAMSON, Minority Counsel
WALKER F. NOLAN, Jr., Assistant Counsel
TELMA P. MOORE, Executive Assistant
W. P. GOODWIN, Jr., Editorial Director
N. BONNER SYDNOR, Staff

PHILIP B. KURLAND, Chief Consultant
ALEXANDER M. BICKEL, Consultant
ARTHUR S. MILLER, Consultant
RALPH K. WINTER, Jr., Consultant

(II)

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PROPOSED LEGISLATION

Page.

14

13

Executive Order 9300, Establishing the Interdepartmental Committee To
Consider Cases of Subversive Activity on the Part of Federal Employees;
signed by President Franklin D. Roosevelt, February 5, 1943_
Executive Order 9835, Prescribing Procedures for the Administration of an
Employees Loyalty Program in the Executive Branch of the Govern-
ment; signed by President Harry S. Truman, March 21, 1947----
Executive Order 10450, Security Requirements for Government Employ-
ment; signed by President Dwight D. Eisenhower, April 27, 1953__

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

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American Servicemen's Union, et al. v. John N. Mitchell, et al., U.S. District
Court for the District of Columbia, Civil Action No. 1776-71..
Scales v. United States, 367 U.S. 203 (1961)_ _ .
Youngstown Sheet & Tube Company v. Sawyer, 343 U.S. 579 (1952) (“Steel
Seizure Case"); Summary of Decision___.

178

259

189

SUPPLEMENTAL MATERIAL

-American Law Division memorandum, "Bibliography on the

Executive Order," July 5, 1968.

169

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-
Breasted, David, Daily News, New York, N. Y., "Ervin Calls Nixon Order
Illegal," October 6, 1971.

316

318

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Columbian, Vancouver, Wash., "A Tougher Stance?" July 21, 1971..........
Constantine, Gus, The Evening Star, Washington, D.C., "Subversives
Unit Showdown Near," July 18, 1971-

298

294

Edwards, Willard, Chicago Tribune, "Debate in Senate Inconsistent,"
July 31, 1971__

304

Elsasser, Glen, Chicago Tribune, "Subversive Control Board Faces Test of
Its Powers," July 26, 1971..

303

Enquirer and News, Battle Creek, Mich., "No Need for SACB, Leave It
In Inactivity," August 13, 1971.

313

The Evening Star, Washington, D.C., "No Time for Witch Hunts,"
August 5, 1971.

308

Greensboro Daily News, Greensboro, N.C., editorial, “Funeral for a Fossil,"
October 11, 1971..

Houston Post, Houston, Tex., "SACB's New Challenge," August 23, 1971-
The Independent, Anderson, S.C., "Renewed Battle Against Effort To
Throttle a First Freedom," October 11, 1971.---

Kilpatrick, James J., The Evening Star, Washington, D.C., "Nixon's Bold
Move Against the Subversives," July 20, 1971.

321

314

320

297

Long Island Press, Long Island, N. Y., "A Job for the Attorney General,"
July 21, 1971__.

296

Matthews, Curt, The Post-Dispatch, St. Louis, Mo., "Subversive Unit's
Powers Disputed," August 12, 1971.

311

McFeatters, Ann, Post-Herald, Birmingham, Ala., “Agency Has Big
Budget, Nothing To Do," July 23, 1971..

301

Miami Herald, Miami, Fla., "Ervin Scores Probers of Subversives," October 6, 1971..

317

Miami News, Miami, Fla., "Gurney Hits Subversion, Seeks Action,"
October 6, 1971__.

317

The New York Times, "Nothing To Do," July 25, 1971.
Newsweek, "And No Place To Go," August 2, 1971.

302

305

Patriot Ledger, Quincy, Mass., editorial, "Hanging On," July 22, 1971.
The Roanoke Times, Roanoke, Va., "SACB-Back in Business," August
16, 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
Revival of Subversives Board," October 6, 1971__

161

Segal, Robert, Jewish Bulletin, One Man's View, "What Constitutes
Subversion?" October 8, 1971__.

318

319

Sheboygan Press, Sheboygan, Wis., "Executive Authority," July 23, 1971__
Strout, Richard L., The Christian Science Monitor, "Antisubversion
Board Rejuvenated," August 12, 1971..

Swartz, Jay, The Federal Times, "SACB Idle Despite New Bestowed
Power," October 13, 1971.

302

310

322

Valley News, Lebanon, N.H., "Ervin's Defense," August 25, 1971.
The Washington Post, Washington, D.C., editorial, "Executive Order
11605," July 17, 1971.

315

293

The Washington Post, Washington, D.C., editorial, "Curbing Freedom of
Association," July 19, 1971___

295

The Washington Post, Washington, D.C., "28 Senators Write Letter
Opposing Funds for SACB," August 2, 1971.

305

The Washington Post, Washington, D.C., editorial, "Inherent Powers' and
Presidential Government," August 3, 1971___

306

The Washington Post, Washington, D.C., editorial, "The Sense of the
Senate on Subversion," August 10, 1971-

309

The Washington Post, Washington, D.C., editorial, "Governmental
Blacklists," September 6, 1971___

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
U.S. To Fire 'Subversives,' " October 29, 1971.

323

Zimmerman, Richard G., Plain Dealer Sunday Magazine, "Executive
Orders: The Now Powers of the President, and How Congress Would
Like to Kill Them Off", Nov. 7, 1971...

324

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