Tom C. Clark

“ By striking it down, the Court raises a question as to the constitutional power of the President to authorize dismissal of executive employees whose further employment he believes to be inconsistent with national security. This power might arise from the grant of executive power in Article II of the Constitution, and not from the Congress. The opinion of the majority avoids this important point which must be faced by any decision holding an Executive Order inoperative. It is the policy of the Court to avoid constitutional questions where possible, Peters v. ”

“ Petitioner, a food and drug inspector employed in the Department of Health, Education and Welfare, was charged with having 'established and * * * continued a close association with individuals reliably reported to be Communists.' It was further charged that he had 'maintained a continued and sympathetic association with the Nature Friends of America, which organization' is on the Attorney General's list ”

“ Also, Congressman Holifield, during debates in the House, stated that the Act 'applies potentially to every executive agency, not only the sensitive ones. * * * There is no distinction made in the bill between so-called sensitive employees, that is, employees who have access to confidential and secret information, and the regular employees.' 96 Cong.Rec. ”