Hugo Black

“ Under our system of separation of powers, Congress is just as incompetent to instruct the judge and jury in an American court what evidence is enough for conviction as the courts are to tell the Congress what policies it must adopt in writing criminal laws. The congressional presumption, therefore, violates the constitutional right of a defendant to be tried by jury in a court set up in accordance with the commands of the Constitution. ”

“ It clearly deprives a defendant of his right not to be convicted and punished for a crime without due process of law, that is, in a federal case, a trial before an independent judge, after an indictment by grand jury, with representation by counsel, an opportunity to summon witnesses in his behalf, and an opportunity to confront the witnesses against him. ”

“ This right to a full-fledged trial in a court of law is guaranteed to every defendant by Article III of the Constitution, in the Sixth Amendment, and by the Fifth and Fourteenth Amendments' promises that no person shall be deprived of his life, liberty, or property without due process of law-that is A trial according to the law of the land, both constitutional and statutory. ”