Wiley Blount Rutledge

“ United States, 321 U.S. 414, 460, 64 S.Ct. 660, 684, 88 L.Ed. 834, dissenting opinion, [2] so even more do I not think Congress can make criminal the disobedience to such an order allowing no opportunity whatever for showing its unconstitutionality. It is one thing to deny jurisdiction of the courts altogether, save in so far as the Constitution of its own force may preserve the jurisdiction. It is altogether different to confer jurisdiction for enforcement purposes, but in doing so to cut off all right of defense on constitutional grounds. ”

“ To sustain such a view not only would have the courts marching up the hill in the criminal case and down again in habeas corpus. [3] It would make the judicial function a rubber stamp in criminal cases for administrative or executive action. ”