Nomination of Warren E. Burger: Hearing, Ninety-first Congress, First Session. June 3, 1969, Volume 4U.S. Government Printing Office, 1969 - 116 páginas |
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... Court at this time in the Nation's history judges who believe in a strict interpretation of the Supreme Court's role . Judge Burger's record suggests that he adheres to this belief . I am grateful to the committee and to its splendid ...
... Court at this time in the Nation's history judges who believe in a strict interpretation of the Supreme Court's role . Judge Burger's record suggests that he adheres to this belief . I am grateful to the committee and to its splendid ...
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... a dozen criminal cases in those years . Otherwise , my practice was very general . The CHAIRMAN . What do you conceive to be your duties as Chief Justice and a member of the Supreme Court ? L Judge BURGER . Well , Mr. Chairman , if I 4.
... a dozen criminal cases in those years . Otherwise , my practice was very general . The CHAIRMAN . What do you conceive to be your duties as Chief Justice and a member of the Supreme Court ? L Judge BURGER . Well , Mr. Chairman , if I 4.
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... Supreme Court has the power to amend the Constitution of the United States by judicial interpreta- tion ? Judge BURGER . No ; clearly no . It has no power to amend the Con- stitution . The CHAIRMAN . Does the Supreme Court have the ...
... Supreme Court has the power to amend the Constitution of the United States by judicial interpreta- tion ? Judge BURGER . No ; clearly no . It has no power to amend the Con- stitution . The CHAIRMAN . Does the Supreme Court have the ...
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... Supreme Court ? Judge BURGER . Senator McClellan and Mr. Chairman , I suppose the round answer to that is that when you have been sitting on a court for 13 years , or sitting in the Senate for 13 years and voting and acting , it would ...
... Supreme Court ? Judge BURGER . Senator McClellan and Mr. Chairman , I suppose the round answer to that is that when you have been sitting on a court for 13 years , or sitting in the Senate for 13 years and voting and acting , it would ...
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... courts of appeals that were held for more than 3 months after the appellate argument . On June 30 , 1968 , there were 256 ... Supreme Court has done a perfectly amazing job in a short time in stimulating judges all over the country to do ...
... courts of appeals that were held for more than 3 months after the appellate argument . On June 30 , 1968 , there were 256 ... Supreme Court has done a perfectly amazing job in a short time in stimulating judges all over the country to do ...
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Palavras e frases frequentes
2d SERIES 395 FEDERAL REPORTER 90th Congress accused action Adam Clayton Powell administration American Bar Association appellant Powell Appellant's Appellees arrest Article Attorney Baker Burger as Chief Chairman Chief Justice claims Clause confession Congressional Constitution counsel Court of Appeals crime criminal justice criminal procedure D.C. Cir D.C. DEAR SENATOR DEAR SENATOR EASTLAND decisions dissenting opinion District Court District of Columbia evidence exclude Federal Bar Association federal judicial Federal Rules Fifth Amendment Frazier hearing identification interrogation issue JAMES EASTLAND Judge Burger Judge Warren June jurisdiction Keahon L.Ed lawyers legislative Mallory matter McCORMACK Cite Member-elect ment Miranda past president person police political question Powell's present problems qualifications record relief rulemaking S.Ct Select Committee Senate Judiciary Committee Senator DIRKSEN Senator TYDINGS speech statement statute supra note Supreme Court tion trial U.S. Court U.S. Senate United vote waiver Warren Burger Warren E Washington
Passagens conhecidas
Página 97 - If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.
Página 99 - Whatever the testimony of the authorities as to waiver of rights by an accused, the fact of lengthy interrogation or incommunicado incarceration before a statement is made is strong evidence that the accused did not validly waive his rights.
Página 72 - Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or the impossibility of a court's undertaking independent resolution without expressing lack of the...
Página 76 - The right to vote freely for the candidate of one's choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government.
Página 80 - In short, to things generally done in a session of the House by one of its members in relation to the business before it.
Página 42 - The premise for the Court's rule is not the general unreliability of eyewitness identifications nor the difficulties inherent in observation, recall, and recognition. The Court assumes a narrower evil as the basis for its rule — improper police suggestion which contributes to erroneous identifications. The Court apparently believes that improper police procedures are so widespread that a broad prophylactic rule must be laid down, requiring the presence of counsel at all pretrial identifications,...
Página 79 - The New Hampshire Constitution (Art. XXX, 1784) contained a provision virtually identical to Massachusetts'. In short "[fjreedom of speech and action in the legislature was taken as a matter of course by those who served the Colonies from the Crown and founded our Nation.
Página 75 - In a case of actual controversy within its jurisdiction, except with respect to Federal taxes, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration, shall have the force and effect of a final judgment or decree and shall be reviewable as such.
Página 79 - In order to enable and encourage a representative of the public to discharge his public trust with firmness and success, it is indispensably necessary, that he should enjoy the fullest liberty of speech, and that he should be protected from the resentment of every one, however powerful, to whom the exercise of that liberty may occasion offence.
Página 42 - tainted fruit" determination required by the Court involves more than considerable difficulty. I think it is practically impossible. How is a witness capable of probing the recesses of his mind to draw a sharp line between a courtroom identification due exclusively to an earlier lineup and a courtroom identification due to memory not based on the lineup? What kind of "clear and convincing evidence...