Tag: Contempt Power
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Disobedience of Orders
Contempt by Disobedience of OrdersDisobedience of injunctive orders, particularly in labor disputes, has been a fruitful source of cases dealing with contempt of court. In United States v.United Mine Workers,1 the Court held, first, that disobedience…
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Administrative Power
Contempt Power in Aid of Administrative PowerProceedings to enforce the orders of administrative agencies and subpoenas issued by them to appear and produce testimony have become increasingly common since the leading case of ICC v. Brimson,1 which he…
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Contempt
Sanctions of the Investigatory Power: ContemptExplicit judicial recognition of the right of either house of Congress to commit for contempt a witness who ignores its summons or refuses to answer its inquiries dates from McGrain v. Daugherty.1 But the…
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Act of 1789
The Act of 1789The summary power of the courts of the United States to punish contempts of their authority had its origin in the law and practice of England where disobedience of court orders was regarded as contempt of the King himself and attachment was a prerogative process derived from presumed …
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Inherent Power
An Inherent PowerThe nature of the contempt power was described Justice Field, writing for the Court in Ex parte Robinson, 1 sustaining the act of 1831: "The power to punish for contempts is inherent in all courts; its existence is essential to …
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First Amendment Limitations
First Amendment Limitations on the Contempt PowerThe phrase, "in the presence of the Court or so near thereto as to obstruct the administration of justice," was interpreted so broadly in Toledo Newspaper Co. v. United States 1 as to uphold …
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Summary Punishment
Due Process Limitations on Contempt Power: Right to Notice and to a Hearing Versus Summary PunishmentMisbehavior in the course of a trial may be punished summarily by the trial judge. In Ex parte Terry,1 the Court denied habeas corpus relief to a lit…
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Right to Jury Trial
Due Process Limitations on Contempt Power: Right to Jury TrialOriginally, the right to a jury trial was not available in criminal contempt cases.1 But the Court held in Cheff v. Schnackenberg,2 that a…
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Impartial Tribunal
Due Process Limitations on Contempt Powers: Impartial TribunalIn Cooke v. United States,1 Chief Justice Taft uttered some cautionary words to guide trial judges in the use of their contempt powers. "The power of contempt which a judge must have …