Representation of Congress and Congressional Interests in Court: Hearings Before the Subcommittee on Separation of Powers of the Committee on the Judiciary, United States Senate, Ninety-fourth Congress, Second Session, December 12, 1975, and February 19, 1976 |
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Page 8
... proceedings . Thereafter , the legal issue can be resolved on a petition for habeas corpus . The second is for Con- gress to pass a specific statute investing the courts with jurisdiction to hear civil actions for the enforcement of ...
... proceedings . Thereafter , the legal issue can be resolved on a petition for habeas corpus . The second is for Con- gress to pass a specific statute investing the courts with jurisdiction to hear civil actions for the enforcement of ...
Page 12
... proceedings . Thereafter , the legal issue can be resolved on a petition for habeas corpus . The second is for Congress to pass a specific statute investing the courts with jurisdiction to hear civil actions for the enforcement of ...
... proceedings . Thereafter , the legal issue can be resolved on a petition for habeas corpus . The second is for Congress to pass a specific statute investing the courts with jurisdiction to hear civil actions for the enforcement of ...
Page 29
... proceedings regarding defined legislative activities . [ Copies of the bills are attached . ] 1. Doesn't it appear that the legislative process is much more seriously dis- rupted by a court - ordered embargo on a report of a ...
... proceedings regarding defined legislative activities . [ Copies of the bills are attached . ] 1. Doesn't it appear that the legislative process is much more seriously dis- rupted by a court - ordered embargo on a report of a ...
Page 31
... PROCEEDINGS Before commenting on specific questions , it should be noted that the state- ment with respect to the ... proceedings , they must still respond to such proceedings and claim privilege where applicable . 5. No recommendation ...
... PROCEEDINGS Before commenting on specific questions , it should be noted that the state- ment with respect to the ... proceedings , they must still respond to such proceedings and claim privilege where applicable . 5. No recommendation ...
Page 33
... proceedings can be extremely time- consuming . At present , Congress also lacks the staff necessary to conduct such ... proceeding or a habeas corpus action based on summary contempt . Cf. Kilbourn v . Thompson , 103 U.S. 168. The ...
... proceedings can be extremely time- consuming . At present , Congress also lacks the staff necessary to conduct such ... proceeding or a habeas corpus action based on summary contempt . Cf. Kilbourn v . Thompson , 103 U.S. 168. The ...
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Common terms and phrases
ABA CANON ABA Opinion advise and consent agency Amendment American Bar Association amicus curiae appears as exhibit appointment Attorney authority behalf bill brief Buckley certiorari Chairman Civil Action Clause Clerk client committee conflict Cong consent constitutional constitutionality contempt Court of Appeals criminal decision defendant Department of Justice Department's District Court District of Columbia duty employees enacted enforcement ethical executive branch Federal Election Commission filed George Otis Smith Government House of Representatives interest intervene investigation involved issue Jencks judge judgment judicial jurisdiction Justice Department lawyer legislative litigation LUDLAM matter members of Congress ment motion nomination party person plaintiffs position present President privilege proceedings professional prosecution pursuant question quo warranto refused Report representation request resolution responsibility rules Senator ABOUREZK separation of powers Solicitor statute Subcommittee subpoena suit supra Supreme Court testimony thereof tion unconstitutional United Valeo violation vote witness
Popular passages
Page 256 - 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 apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Page 258 - We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other—that the private interest of every individual may be a sentinel over the public rights.
Page 273 - A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change; and where the legislative body does not itself possess the requisite information — which not infrequently is true — recourse must be had to others who do possess it.
Page 705 - The lawyer must decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass or to injure the opposite party or to work oppression or wrong.
Page 259 - In the framework of our Constitution, the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker. The Constitution limits his functions in the lawmaking process to the recommending of laws he thinks wise and the vetoing of laws he thinks bad.
Page 705 - When Counsel for an Indigent Prisoner. A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any trivial reason, and should always exert his best efforts in his behalf.
Page 258 - While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity.
Page 220 - Brady v. Maryland, 373 US 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). In Brady the Supreme Court used the following language: "We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.
Page 668 - States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States...
Page 731 - 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...