Court : US Supreme Court
..... brennan, with whom mr. justice marshall concurs and mr. justice white concurs in part, dissenting. i dissent. the court today holds that police officials, acting in their official capacities as law enforcers, may, on their own initiative and without trial, constitutionally condemn innocent individuals as criminals and thereby brand them with ..... safeguards. the "stigma" resulting from the defamatory character of the posting was doubtless an important factor in evaluating the extent of harm worked by that act, but we do not think that such defamation, standing alone, deprived constantineau of any "liberty" protected by the procedural guarantees of the fourteenth amendment. ..... the fifth [ footnote 3 ] or fourteenth amendment. in united states v. lovett, 328 u. s. 303 (1946), the court held that an act of congress which specifically forbade payment of any salary or compensation to three named government agency employees was an unconstitutional bill of attainder. the three employees had .....
Tag this Judgment!Court : US Supreme Court
..... be deemed legislative, executive, and judicial has had to give way. the independent agency has survived attacks from various directions: that it exercises invalidly delegated legislative power, sunshine coal co. v. adkins, 310 u. s. 381 (1940); that it invalidly exercises judicial power, ibid.; and that its functions are so executive in nature that its ..... consideration or decision of the cases. page 424 u. s. 6 per curiam. these appeals present constitutional challenges to the key provisions of the federal election campaign act of 1971 (act), and related provisions of the internal revenue code of 1954, all as amended in 1974. [ footnote 1 ] page 424 u. s. 7 the court of ..... decided january 30, 1976 * 424 u.s. 1 appeal from the united states court of appeals for the district of columbia circuit syllabus the federal election campaign act of 1971 (act), as amended in 1974, (a) limits political contributions to candidates for federal elective office by an individual or a group to $1,000 and by a .....
Tag this Judgment!Court : US Supreme Court
..... declined to prevent the rate increases. [ footnote 15 ] it then stated that the icc had not yet decided whether the increased rates on coal specifically were just and reasonable, but had decided only that the railroad's revenue needs rendered the general increase reasonable, and that the plaintiffs had ..... serious environmental consequences, and that, upon more extensive consideration of the issue, the icc has, in some part, at least, agreed with them and acted accordingly in subsequent general revenue proceedings. [ footnote 24 ] accordingly, it is said, the environmental consequences owing from a facially neutral increase must be ..... have a substantial effect on the environment -- without preparing an environmental impact statement or considering environmental issues as required by the national environmental policy act (nepa); that the preexisting rate structure discriminated against recyclables and in favor of virgin materials; and that the surcharge exacerbated this situation with the .....
Tag this Judgment!Court : US Supreme Court
..... from frivolous litigation and unnecessary judicial interference with their elections, and (2) to centralize in a single proceeding such litigation as might be warranted. . . ." trbovich v. mine workers, 404 u. s. 528 , 404 u. s. 532 (1972). ". . . congress intended page 421 u. s. 570 to prevent members from pressing claims ..... that his decision is an unreviewable exercise of prosecutorial discretion. [ footnote 8 ] see s.rep. no. 187, 86th cong., 1st sess., 7 (1959): "in acting on this bill [s. 1555], the committee followed three principles:" "1. the committee recognized the desirability of minimum interference by government in the internal affairs of any ..... 474 : ". . . congress' evident conclusion that only a supervised election could offer assurance that the officers who achieved office as beneficiaries of violations of the act would not by some means perpetuate their unlawful control in the succeeding election . . . was reached in light of the abuses surfaced by the extensive congressional .....
Tag this Judgment!Court : US Supreme Court
..... argued that, because councilman had not filed a complaint to institute the action as required by fed.rule civ.proc. 3, the court lacked jurisdiction to act. the district court concluded that the papers filed by councilman -- motions for a temporary restraining order and a preliminary injunction, and supporting affidavit and briefs ..... judge had refused to dismiss the charges against councilman, rejecting the argument that they were not service-connected and that, therefore, the court-martial lacked jurisdiction to act on them. thus, when the district court intervened, there was no question that councilman would be tried. but whether he would be convicted was a matter entirely ..... "repeals by implication are disfavored," and this canon of construction applies with particular force when the asserted repealer would remove a remedy otherwise available. regional rail reorganization act cases, 419 u. s. 102 , 419 u. s. 133 -136 (1974). it is true, as petitioners urge, that the writ of habeas corpus .....
Tag this Judgment!Court : US Supreme Court
..... court on behalf of 36 congressmen. but post-passage remarks of legislators, however explicit, cannot serve to change the legislative intent of congress expressed before the act's passage. see, e.g., united states v. mine workers of america, 330 u. s. 258 , 330 u. s. 282 (1947). such statements "represent only the personal views of these legislators, since the ..... the market value will effectively be zero. [ footnote 22 ] aetna life ins. co. v. haworth, 300 u. s. 227 , 300 u. s. 240 -242 (1937); maryland casualty co. v. pacific coal & oil co., 312 u. s. 270 , 312 u. s. 273 (1941); joint anti-fascist refugee committee v. mcgrath, 341 u. s. 123 , 341 u. s. 140 -141 (1951); id. ..... west virginia, 262 u. s. 553 , 262 u. s. 592 -593 (1923); pierce v. society of sisters, 268 u. s. 510 , 268 u. s. 536 (1925); carter v. carter coal co., 298 u. s. 238 , 298 u. s. 287 (1936). "one does not have to await the consummation of threatened injury to obtain preventive relief. if the injury is certainly .....
Tag this Judgment!Court : US Supreme Court
..... be denied the opportunity to present to the judiciary allegations concerning violations of fundamental constitutional rights. it is futile to contend that the civil rights act of 1871 has less importance in our constitutional scheme than does the great writ. the recognition by this court that prisoners have certain constitutional rights ..... , faced with possible scrutiny by state officials and the public, and perhaps even the courts, where fundamental constitutional rights may have been abridged, will act fairly. without written records, the inmate will be at a severe disadvantage in propounding his own cause to or defending himself from others. it may ..... u. s. 548 the only statutory provision establishing procedures for the imposition of disciplinary sanctions which pertains to good time, 38 of the nebraska treatment and corrections act, as amended, neb.rev.stat. 81,107 (cum.supp. 1972), merely requires that an inmate be "consulted regarding the charges of misconduct" in connection with .....
Tag this Judgment!Court : US Supreme Court
..... 2/30 ] american law institute, model penal code 306.3 (proposed official draft 1962). [ footnote 2/31 ] national probation and parole association, standard probation and parole act 12 and 27 (1955). [ footnote 2/32 ] national advisory commission on criminal justice standards and goals, corrections, standard 16.17, p. 592 (1973). the report ..... the time of the adoption of the amendment. in fact, one form of disenfranchisement -- one-year durational residence requirements -- specifically authorized by the reconstruction act, one of the contemporaneous enactments upon which the court relies to show the intendment of the framers of the fourteenth amendment, has already been declared ..... congress, and senators and representatives shall be admitted therefrom on their taking the oath prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said state. . . ." (emphasis supplied.) section 5 was introduced as a senate amendment to the house bill, which was .....
Tag this Judgment!Court : US Supreme Court
..... because of the infinite variety of factual situations in which public statements by government employees might reasonably justify dismissal for "cause," we conclude that the act describes, as explicitly as is required, the employee conduct which is ground for removal. the essential fairness of this broad and general removal standard, ..... service, and hardly at all with tenure, promotion, removal, veterans' preference, pensions, and other subjects addressed by subsequent civil service legislation. the pendleton act provided for the creation of a classified civil service, and required competitive examination for entry into that service. its only provision with respect to separation ..... service unwarrantedly interfere with such employees' freedom of expression and deny them procedural due process. a three-judge district court held that the act and attendant regulations denied appellee due process because they failed to provide for a trial-type pre-removal hearing before an impartial official and .....
Tag this Judgment!Court : US Supreme Court
..... controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment." maryland casualty co. v. pacific coal oil co., 312 u. s. 270 , 312 u. s. 273 (1941). and since this case involves governmental action, we must ponder the broader ..... those cases, the challenged governmental action has not ceased. the new jersey governmental action does not rest on the distant contingencies of another strike and the discretionary act of an official. [ footnote 7 ] rather, new jersey has declared positively that able-bodied striking workers who are engaged, individually and collectively, in ..... presented is whether a "case" or "controversy" still exists, within the meaning of art. iii, 2, of the constitution, and of the declaratory judgment act, 28 u.s.c. 2201-2202. i a collective bargaining agreement between petitioners super tire engineering company and supercap corporation, affiliated new jersey corporations, [ footnote .....
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