Warren E. Burger

“ Where, however, a legislative body acts two days after the event, in the absence of the contemnor, and without notice to him, there is no assurance that the members of the legislature are acting, as a judge does in a contempt case, on the basis of personal observation and identification of the contemnor engaging in the conduct charged, nor is there any opportunity whatsoever for him to speak in defense or mitigation, if he is in fact the offender. ”

“ The potential for disrupting or immobilizing the vital legislative processes of State and Federal Governments that would flow from a rule requiring a full-blown legislative 'trial' prior to the imposition of punishment for contempt of the legislature is a factor entitled to very great weight ”

“ The past decisions of this Court strongly indicate that the panoply of procedural rights that are accorded a defendant in a criminal trial has never been thought necessary in legislative contempt proceedings. The customary practice in Congress has been to provide the contemnor with an opportunity to appear before the bar of the House, or before a committee, and give answer to the misconduct charged against him. ”

“ The contempt resolution was adopted without giving notice to petitioner or affording him an opportunity to present a defense or information in mitigation. A copy of the resolution was then served on petitioner who, at the time the resolution was passed, was already confined in the Dane County jail following his arrest on disorderly conduct charges arising out of the same incident as that underlying the resolution. [3] Petitioner's confinement after he was served with the resolution was pursuant to its authority. ”

“ Potts, Power of Legislative Bodies to Punish for Contempt, 74 U.Pa.L.Rev. 691, 704-705, 707, 711-712, 716, 718, 719-722, 724-725 (1926) .↑ In the latter case, a legislative body, like a court, might direct a psychiatric examination. It can be assumed that one so disoriented as not to appreciate the nature of his acts would not be punished for contemptuous conduct.↑ Under circumstances such as those in this case, neither a court nor a legislative body has any obligation to afford a contemnor a forum to expound his political, economic, or social views ”

“ Justice Frankfurter, in another context, aptly stated that due process 'is compounded of history, reason, the past course of decisions, and stout confidence in the strength of the democratic faith which we profess. ”

“ The record before us contains little to flesh out the recitations of the contempt resolution with the details of petitioner's conduct on the day of September 29, 1969. The Wisconsin Supreme Court, in its opinion denying petitioner's application for habeas corpus, State ex rel. ”