On November 19, 1963 a Nation already reeling from the Kennedy Assassination faced another shock, as the veil was torn open, and magic revealed to be real, and powerful. The Brethren of the Accursed Stars unleashed a horde of demon-bats over the State of Louisiana, and likely would have destroyed the world had it not been for the efforts of a plucky band of adventurers. The Bureau of the Occult, the Government’s magical enforcement agency was caught flat footed and instantly became a target of scorn. In an effort to gain public trust the Bureau staged a high profile crackdown on various magicians and monsters making their home in New Orleans. However the newfound awareness of magic and magic users meant that the Bureau was now subject to public scrutiny. And legal scrutiny. The ACLU filed habeas corpus motions for all those arrested, although the so-called "Warlock Cases" would not hinge on that issue. Although argued separately they opinions were all authored by Justice Brennan and featured similar breakdowns in Concurrences.
Firstly there was the question of the Bureau's existence. The Bureau of the Occult had been greated via a Secret Executive Order by Theodore Roosevelt after he determined that the semi-Independent Masonic Lodge of the Eye of Providence was insufficient in combating the forced of darkness. However the Warren Court found that this was illegal. The Bureau operated at a far more expansive level than other agencies created by executive order. The fact that the Bureau was only accountable to the President was sharply criticized, and was found to be illegitimate.
The Bureau had long made a habit of regulating American magic users. Registering warlocks, banning certain items, restricting where demons could reside. The liberal Warren Court was in many ways the antithesis of the courts that had struck down New Deal actions in the 1930s on the basis on nondelgation. However this proved another matter entirely. "We need not consider," Justice Brennan wrote. "The extent to which Congress may delegate its power. For in this case there was no delegation, merely usurpation." Although the Court recognized that a regulatory framework was reasonable, it was the domain of Congress, not an unelected Bureau.
The final case involved the Bureau's treatment of a Warlock named Justinian Falmouth. Falmouth was a member of the Church of the Iverted Sepulchre. He had also, in violation of Bureau orders, spoken out against their activites after magic had been revealed. For these reasons alone Bureau wizards stormed Falmouth's home without a warrent, used magic to tear his memories from his mind, and convicted him without trial of unspecfied crimes, and imprisoned him in a hell dimension. This was deemed a violation of fully half of the Bill of Rights. Justice Black's concurrence consisted of his arguments that other facts of the case constituted violations of the other half.
Despite outcry from some quarters about the Warren Court "siding with the Satanists over us" the Warlock Cases proved influential. They combined with public outcry to kill the beleagured Bureau of the Occult, which would be replaced by the Cabinet level "Department of Transcientific Affairs" shortly. They remain key parts of law school curriculums, touching on both seperation of powers and on civil liberties.
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