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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Página 5
... duty of the Chief Justice to use every one of these tools to make our system work better . And I would expect to devote every energy and every moment of the rest of my life to that end should I be confirmed . The CHAIRMAN . Do you think ...
... duty of the Chief Justice to use every one of these tools to make our system work better . And I would expect to devote every energy and every moment of the rest of my life to that end should I be confirmed . The CHAIRMAN . Do you think ...
Página 6
... duty and responsibility . I assume you still have that philosophy . Judge BURGER . I know of no reason to think it is any different , Senator . Senator MCCLELLAN . You further said in that same opinion : " Under the guise of protecting ...
... duty and responsibility . I assume you still have that philosophy . Judge BURGER . I know of no reason to think it is any different , Senator . Senator MCCLELLAN . You further said in that same opinion : " Under the guise of protecting ...
Página 7
... duty of the judges , all judges , to read the Constitution and try to discern its meaning and apply it . I recall Justice , Mr. Justice Black's unique interview on TV some months ago in which he carried the dog - eared copy of that ...
... duty of the judges , all judges , to read the Constitution and try to discern its meaning and apply it . I recall Justice , Mr. Justice Black's unique interview on TV some months ago in which he carried the dog - eared copy of that ...
Página 10
... duty on the Supreme Court has done a perfectly amazing job in a short time in stimulating judges all over the country to do things for themselves . And I really would like to pay tribute to his leadership today . Senator TYDINGS . Both ...
... duty on the Supreme Court has done a perfectly amazing job in a short time in stimulating judges all over the country to do things for themselves . And I really would like to pay tribute to his leadership today . Senator TYDINGS . Both ...
Página 11
... duty on the judicial councils years ago . If they performed it , we would not even need the machinery we are talking about . But if they do not perform it under that machinery , then some other machinery is essential . Senator TYDINGS ...
... duty on the judicial councils years ago . If they performed it , we would not even need the machinery we are talking about . But if they do not perform it under that machinery , then some other machinery is essential . Senator TYDINGS ...
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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 exclusion Federal Bar Association federal judicial Federal Rules Fifth Amendment Frazier hearing House of Representatives identification interrogation issue JAMES EASTLAND Judge Burger Judge Warren June jurisdiction Keahon L.Ed lawyers legislative Mallory matter McCORMACK Cite 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 U.S. Court U.S. Senate United vote waiver Warren Burger Warren E Washington
Passagens conhecidas
Página 95 - An officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available commissioner or before any other nearby officer empowered to commit persons charged with offenses against the laws of the United States. When a person arrested without a warrant is brought before a commissioner or other officer, a complaint shall be filed forthwith.
Página 103 - 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 74 - ... an unusual need for unquestioning adherence to a political decision already made; or the potentiality of embarrassment from multifarious pronouncements by various departments on one question.
Página 73 - 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 100 - 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. In these circumstances, the fact that the individual eventually made a statement is consistent with the conclusion that the compelling influence of the interrogation finally forced him to do so.
Página 77 - 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 68 - Court's inquiry necessarily proceeds to the point of deciding whether the duty asserted can be judicially identified and its breach judicially determined, and whether protection for the right asserted can be judicially molded. In the instance of lack of jurisdiction the cause either does not "arise under" the Federal Constitution, laws or treaties (or fall within one of the other enumerated categories of Art. Ill, § 2), or is not a "case or controversy" within the meaning of that section; or the...
Página 85 - It is not necessary to decide here that there may not be things done, in the one house or the other, of an extraordinary character, for which the members who take part in the act may be held legally responsible.
Página 76 - 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 97 - Legislation such as this, requiring that the police must with reasonable promptness show legal cause for detaining arrested persons, constitutes an important safeguard — not only in assuring protection for the innocent but also in securing conviction of the guilty by methods that commend themselves to a progressive and self-confident society. For this procedural requirement checks resort to those reprehensible practices known as the 'third degree' which, though universally rejected as indefensible,...