The Independenceof Federal Judges: Hearings Before the Subcommittee on Separation of Powers...91-2, on April 7 and 9, May 7 and 8, 19701971 - 1222 páginas |
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Página 83
... Constitution until such time as it is amended to say Something other than what we all think it says . I think we have seen in the defeat of Judge Haynesworth what we thought was going to be a strict constructionist ruled out of the game ...
... Constitution until such time as it is amended to say Something other than what we all think it says . I think we have seen in the defeat of Judge Haynesworth what we thought was going to be a strict constructionist ruled out of the game ...
Página 87
... Constitution seems to permit the activities of Federal trial judges . The Federal Constitution provides a very workable system . It provides a special court made up of the members of the Senate , specially sworn on oath or affirmation ...
... Constitution seems to permit the activities of Federal trial judges . The Federal Constitution provides a very workable system . It provides a special court made up of the members of the Senate , specially sworn on oath or affirmation ...
Página 88
... Constitution as follows : An impeachable crime or misdemeanor may consist of a violation of th Constitution , of law or an official oath or of duty by an act committed o omitted , or without violating a positive law , by abuse of ...
... Constitution as follows : An impeachable crime or misdemeanor may consist of a violation of th Constitution , of law or an official oath or of duty by an act committed o omitted , or without violating a positive law , by abuse of ...
Página 90
... Constitution or the independence of the Federal judiciary and which supplement the impeachment procedures of the Constitution . We have under title 28 , for example , section 132 , which permits the clerk to postpone a case where the ...
... Constitution or the independence of the Federal judiciary and which supplement the impeachment procedures of the Constitution . We have under title 28 , for example , section 132 , which permits the clerk to postpone a case where the ...
Página 91
... Constitution . " Not all judicial councils have practiced the restraint of Chief Judge Lumbard's second circuit . That is why section 332 should be re- pealed . The great historian , Samuel Pettengill , back in the 1940's in some of his ...
... Constitution . " Not all judicial councils have practiced the restraint of Chief Judge Lumbard's second circuit . That is why section 332 should be re- pealed . The great historian , Samuel Pettengill , back in the 1940's in some of his ...
Términos y frases comunes
action administration of justice Administrative Office amendment American Bar Association appellate courts appellate judges appointed Attorney authority behavior bill certainly Chairman chief judge Chief Justice circuit councils circuit judges civil officers Commission Committee Congress Constitution Court of Appeals crimes and misdemeanors district judges duty EDMISTEN executive fact Federal courts Federal judges Federal judiciary function hear high crimes House of Representatives impeachment process independence issue Judge ALDRICH Judge BAZELON Judge CRAIG Judge HALL Judge LUMBARD judgment Judicial Conference judicial councils jurisdiction jury lawyers legislation litigation matter misconduct opinion President problem procedure Professor FISH Professor KURLAND Professor MILLER Professor WINTER proposed question recommendations REHNQUIST remove judges removed from office rules section 332 Senator ERVIN separation of powers statute subcommittee Supreme Court tenure thing tion title 28 trial court trial judge U.S. District Court United States Code verdict words
Pasajes populares
Página 768 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. So HELP ME GOD.
Página 854 - The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
Página 154 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority...
Página 154 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal, that the servant is above his master, that the representatives of the people are superior to the people themselves, that men acting by virtue of powers may do not only...
Página 765 - It is disreputable to hunt up defects in titles or other causes of action and inform thereof in order to be employed to bring suit or collect judgment, or to breed litigation by seeking out those with claims for personal injuries or those having any other grounds of action in order to secure them as clients...
Página 34 - Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from: (1) Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands...
Página 13 - ... has a personal bias or prejudice either against him or in favor of any opposite party to the suit, such judge shall proceed no further therein...
Página 154 - Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void.
Página 841 - Each judicial council shall make all necessary orders for the effective and expeditious administration of the business of the courts within its circuit...
Página 154 - It equally proves that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the executive. For I agree that "there is no liberty if the power of judging be not separated from the legislative and executive powers.