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Based squarely on the federal courts' power to punish contempt is an essential function of the Federal Government: the use of injunctions and restraining orders to prevent acts that would damage an individual or the public interest. The injunction is the Government's principal means of enforcing more than two dozen federal statutes, including the antitrust laws, the Atomic Energy Act and the Securities Exchange Act. Not one of these 20-odd statutes carries a jury-trial provision, and expert opinion holds that many of them, because of their complexity, would be unenforceable if it took a jury...

Author: /time Magazine | Title: National Affairs: JURY TRIALS & CONTEMPT | 8/12/1957 | See Source »

...seven solemn judges sitting in an old stone courthouse overlooking the blue Tyrrhenian Sea, an ignorant peasant of Calabria and a former member of the organization told all that he knew. "I know they have sworn to kill me," he cried, "but I don't care. Justice will punish me for what I have done, and justice will punish them as well...

Author: /time Magazine | Title: ITALY: The Blood of the Mafia | 7/29/1957 | See Source »

...Supreme Court went all the way back to an opinion written by John Marshall, the third Chief Justice of the U.S., to uphold the Administration's law foundation for the status-of-forces agreements. Paraphrasing Marshall, the court said: "A sovereign nation has exclusive jurisdiction to punish offenses against its laws committed within its borders unless it expressly or impliedly consents to surrender its jurisdiction." Marshall, C.J., stated this as a legal absolute...

Author: /time Magazine | Title: THE NATION: The GIrard Case | 7/22/1957 | See Source »

...order to legislate, Congress has to investigate. But the power is sharply limited: "No inquiry is an end in itself; it must be related to and in furtherance of a legitimate task of the Congress. Investigations conducted solely for the personal aggrandizement of the investigators or to 'punish' those investigated are indefensible . . . We have no doubt that there is no congressional power to expose for the sake of exposure...

Author: /time Magazine | Title: National Affairs: On Congress' Investigations | 7/1/1957 | See Source »

...reject the idea that when the U.S. acts against citizens abroad it can do so free of the Bill of Rights ..." wrote Justice Black in the majority opinion. "When the Government reaches out to punish a citizen who is abroad, the shield which the Bill of Rights and other parts of the Constitution provide to protect his life and liberty should not be stripped away just because he happens to be in another land . . . We have no difficulty in saying that such persons do not lose their civilian status and their right to a civilian trial because the Government helps...

Author: /time Magazine | Title: THE SUPREME COURT: No Man's Land | 6/24/1957 | See Source »

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