It is indeed an odd business that it has taken this Court nearly two centuries to discover a constitutional mandate to have counsel at a preliminary hearing.
Warren E. BurgerThe men who wrote the First Amendment religion clause did not view paid legislative chaplains and opening prayers as a violation of that amendment... the practice of opening sessions with prayer has continued without interruption ever since that early session of Congress. It can hardly be thought that in the same week the members of the first Congress voted to appoint and pay a chaplain for each House and also voted to approve the draft of the First Amendment... (that) they intended to forbid what they had just declared acceptable.
Warren E. BurgerWe are more casual about qualifying the people we allow to act as advocates in the courtroom than we are about licensing electricians.
Warren E. BurgerTrials by the adversarial contest must in time go the way of the ancient trial by battle and blood.
Warren E. Burger