Tag: Courts
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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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Habeas Corpus
Suspension of Habeas Corpus by the PresidentSee Article I, § 9.ResourcesNotes and ReferencesThis text about Habeas Corpus is based on "The Constitution of the United States…
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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 …
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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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Power to Issue Writs
Power to Issue Writs: The Act of 1789From the beginning of government under the Constitution of 1789, Congress has assumed, under the Necessary and Proper Clause, its power to establish inferior courts, its power to regulate the jurisdiction of federal courts, and its power to regulate the issuance …
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Common Law Powers
Common Law Powers of District of Columbia CourtsThe portion of § 13 of the Judiciary Act of 1789 that authorized the Supreme Court to issue writs of mandamus in the exercise of its original jurisdiction was held invalid in Marbury v. Madison,1 a…
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Process of the Writ
Habeas Corpus: The Process of the WritA petition for a writ of habeas corpus is filed by or on behalf of a person in "custody," a concept which has been expanded so much that it is no longer restricted to actual physical detention in jail or prison.<a name=t1 href=#f1 target="_self&qu…
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Injunctive Power
Congressional Limitation of the Injunctive PowerAlthough some judicial dicta 1 support the idea of an inherent power of the federal courts sitting in equity to issue injunctions independently of statutory limitations, neither the course taken by Cong…
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Emergency Price Control Act of 1942
Injunctions Under the Emergency Price Control Act of 1942Lockerty v. Phillips 1 justifies the same conclusion. Here the validity of the special appeals procedure of the Emergency Price Control Act of 1942 was sustained. This act provided for a specia…
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Powers Over Process
The Rule-Making Power and Powers Over ProcessAmong the incidental powers of courts is that of making all necessary rules governing their process and practice and for the orderly conduct of their business.322 However, this power too is derived from the statutes and cannot go beyond them. The landmark…
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Award of Execution
Award of ExecutionThe adherence of the Court to this proposition, however, has not extended to a rigid rule formulated by Chief Justice Taney, given its fullest expression in a posthumously published opinion.1 In Gordon v. United States,<a name=t2 hr…
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Rule Making Power
Limitations to The Rule Making PowerThe principal function of court rules is that of regulating the practice of courts as regards forms, the operation and effect of process, and the mode and time of proceedings. However, rules are sometimes employed to state in convenient form principles of substant…