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Title Right most valued by civilized man, The
Subject Privacy, Right of; Liberty; Sociological jurisprudence
Description Twenty Third Annual Frederick William Reynolds Lecture.
Creator Dykstra, Daniel James.
Publisher Extension Division, University of Utah
Date 1959-02-12
Date Digital 2008-05-29
Type Text
Format image/jpeg
Digitization Specifications Original scanned on Epson Expression 10000XL flatbed scanner and saved as 400 ppi uncompressed tiff. Display images generated in PhotoshopCS and uploaded into CONTENTdm Aquisition Station.
Resource Identifier,334
Source LD5526 .U8 n.s. v.50 no.12
Language eng
Relation Digital reproduction of "The Right most valued by civilized man," J. Willard Marriott Library Special Collections
Rights Digital Image Copyright University of Utah
Metadata Cataloger Seungkeol Choe; Ken Rockwell
ARK ark:/87278/s68g8hnk
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-08-04
ID 319634
Reference URL

Page Metadata

Title Page21
Description "THE RIGHT MOST VALUED BY CIVILIZED MAN" 21 often he was denied the privilege of effective assistance by counsel. Too often charges were raised without naming the accusers. Too often he was denied confrontation and the right of cross-examination. Too often the investigators were predisposed to condemn rather than offer an objective evaluation. The answer given to these observations is that Congressional inquiries are not trials. That answer is not sufficient. As in loyalty investigations, an individual frequently has at stake his reputation, his job, his sense of well being. Under these circumstances the least that could be expected were procedures which guaranteed him fair treatment, for, as the late Justice Jackson observed: We cannot approve any use of official powers or position to prejudice, injure, or condemn a person in liberty, property, or good name which does not inform him of the source and substance of the charge and give a timely and open-minded hearing as to its truth, safeguards without which no judgment can have a sound foundation.29 That such procedures were often denied by both Congressional committees and by those who sought to implement the loyalty program provides striking illustration of the danger concerning which Montesquieu wrote when he warned against the co-mingling of legislative, judicial, and executive powers. In operating the loyalty program the executive branch sought to play the double role of administrator and trier of facts; in their capacity as sleuths of un-Americanism, Congressional committees assumed the functions of lawmakers and judges. In neither instance were the twin roles played with success. Conflicting motives, combined with a failure to appreciate the perils of their dual position, served frequently to destroy objectivity. Such conditions are serious where facts can be ascertained with precision; they are tragic when they relate to such inexact factors as motives and thoughts. VIII. Although the loyalty investigations and the actions of various Congressional committees were the major factors which contributed to the depreciation of the individual in the post-World War II period, they were by no means the only ones. Concern for security projected governments, local and national, into other activities which directly or indirectly invaded areas historically considered immune. Loyalty oaths, more numerous today than any time in the past, were a part of such actions. These measures were not limited to acts but required oathtakers to assert their political purity. The Taft-Hartley oath, for example, necessitated that union officials swear that they do not "believe in 29. Jackson, The American Bar Center: A Testimony to Our Faith in the Rule of Law, 40 A.B.A. J. 19 (1954).
Format image/jpeg
Identifier 021-RNLT-DykstraD_Page21.jpg
Source Original Manuscript: The right most valued by civilized man by Daniel J. Dykstra.
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-07-29
ID 319627
Reference URL