The Supreme Court: Hearings, Ninetieth Congress, Second SessionU.S. Government Printing Office, 1968 - 662 halaman Assesses role of present-day Supreme Court in relation to its constitutional mandate and limitations and its historically accepted role. Includes Legislative Reference Service report "Supreme Court Decisions, 1953-68, Which Have Modified Prior Interpretations or Established New Constitutional Principals" (Aug. 7, 1968. p. 253-337). |
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Halaman 6
... of the powers . He said that : " When the legislative and executive powers are united in the same person or in the same body of magistrates there can be no liberty because appre- hensions may arise , lest the same monarch ( executive 6.
... of the powers . He said that : " When the legislative and executive powers are united in the same person or in the same body of magistrates there can be no liberty because appre- hensions may arise , lest the same monarch ( executive 6.
Halaman 13
... person within its jurisdiction the equal protection of the laws " means that the States are under a positive duty to provide protection . In other words , the clause could read that the States shall afford to all persons within their ...
... person within its jurisdiction the equal protection of the laws " means that the States are under a positive duty to provide protection . In other words , the clause could read that the States shall afford to all persons within their ...
Halaman 26
... , or which ignores specific words of the Constitution . The Miranda case was based upon the words " no person shall be compelled in any criminal case to be a witness against himself . " Now obviously , as the Court held for 166 years , 26.
... , or which ignores specific words of the Constitution . The Miranda case was based upon the words " no person shall be compelled in any criminal case to be a witness against himself . " Now obviously , as the Court held for 166 years , 26.
Halaman 29
... person shall be compelled in any criminal case to be a witness against himself . " Now there is no criminal case at that time . There is nobody who is a witness , and there is nothing to be compelled if it is voluntary . So they added ...
... person shall be compelled in any criminal case to be a witness against himself . " Now there is no criminal case at that time . There is nobody who is a witness , and there is nothing to be compelled if it is voluntary . So they added ...
Halaman 57
... person to attend his neighborhood school because of the need to haul him over here to some other community . Mr. BICKEL . It seems to me busing is the wrong thing to focus on . If it is a case in which in a northern community you find ...
... person to attend his neighborhood school because of the need to haul him over here to some other community . Mr. BICKEL . It seems to me busing is the wrong thing to focus on . If it is a case in which in a northern community you find ...
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14th amendment action antitrust appellate jurisdiction applied BASKIR BICKEL certiorari Chief Justice commerce clause confession Congress congressional constitutional constitutionally conviction course crime deal decisions defendant dissenting doctrine due process due process clause effect El Paso enforcement equal protection clause Escobedo evidence exclusionary rule exercise fact Federal courts Fifth Amendment Fourteenth Amendment function GUNTHER habeas corpus Harlan interpretation interrogation issue judges judgment judicial judiciary jury Justice Black Katzenbach KELLY kind KURLAND lawyers legislation legislature liberty limited Linkletter litigation majority Mapp MCCLOSKEY means ment Miranda MISHKIN opinion overruling perhaps person police political privilege problem Professor Bickel provisions question reapportionment reason require retroactive role rule seems self-incrimination Senator ERVIN separation of powers statement statute subcommittee substantial suggest supra note Supreme Court talking thing tion trial United violation vote words
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Halaman 426 - States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
Halaman 191 - That in all criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense...
Halaman 575 - Hart, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, 66 HARV.
Halaman 249 - All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.
Halaman 618 - It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.
Halaman 241 - take the lead" in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements.
Halaman 5 - The doctrine that prevailed in Lochner, Coppage, Adkins, Burns, and like cases - that due process authorizes courts to hold laws unconstitutional when they believe the legislature has acted unwisely - has long since been discarded. We have returned to the original constitutional proposition that courts do not substitute their social and economic beliefs for the judgment of legislative bodies, who are elected to pass laws.
Halaman 511 - The security of one's privacy against arbitrary intrusion by the police — which is at the core of the Fourth Amendment — is basic to a free society. It is therefore implicit in "the concept of ordered liberty" and as such enforceable against the States through the Due Process Clause.
Halaman 7 - Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.
Halaman 387 - The Sherman Act was designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade.