This suggestion is contrary to our decisions that failure to take a direct appeal from conviction does not deprive a federal post-conviction court of power to adjudicate the merits of constitutional claims; the question rather is whether the case is one in which refusal to exercise that power would be appropriate.
In 1932 Congress passed the Norris La Guardia Act, a landmark legislation that affirmed the freedom of association of labour unions and stripped federal courts of the power to issue injunctions in labour disputes.
In ruling that one section of Proposition 114 was a constitutional revision rather than an amendment, the court noted that the proposition would have stripped state courts of the power to interpret fundamental rights of defendants.
The measure to set up military tribunals for enemy combatants contains, among other constitutional infirmities, a provision to strip courts of their power to review the constitutionality of the detentions.
Congress also stripped the courts of their power to review arbitrary decisions by immigration officers and mandated the deportation of legal immigrants for even minor criminal offenses committed decades ago.
"Translators from Greek into Arabic at the Court of Mehmet the Conqueror" in A. Ödekan, N. Necipoǧlu, E. Akyürek, eds., The Byzantine Court: Source of Power and Culture.
41 Thus there is avoided abuse of the writ by repeated attempts to secure a hearing on frivolous grounds, and repeated adjudications of the same issues by courts of coordinate powers.
And if the president does it again, the Congress has no choice but to move to remove him, because the courts, separation of powers, and checks and balances must be respected.
16 deprived the trial court of the power to order disclosure of the relevant portions of the investigator's report.
A general appearancewhich strips the court of its power to inquire further into domicilebut no contest as to any issue, was the practice in most cases.
