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Executive Branch Contempt Of Congress
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Book Synopsis Congress¿s Contempt Power by : Morton Rosenberg
Download or read book Congress¿s Contempt Power written by Morton Rosenberg and published by DIANE Publishing. This book was released on 2011 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Congress¿s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, punish the contemnor, and/or to remove the obstruction. In the last seventy years the contempt power has been employed only in instances of refusals of witnesses to appear before committees, to respond to questions, or to produce documents. This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress¿s contempt power, and analyzes the procedures associated with each of the three different types of contempt proceedings. Illustrations.
Book Synopsis Executive Branch Contempt of Congress by : Josh Chafetz
Download or read book Executive Branch Contempt of Congress written by Josh Chafetz and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After former White House Counsel Harriet Miers and White House Chief of Staff Joshua Bolten refused to comply with subpoenas issued by a congressional committee investigating the firing of a number of United States Attorneys, the House of Representatives voted in 2008 to hold them in contempt. The House then chose a curious method of enforcing its contempt citation: it filed a federal lawsuit seeking a declaratory judgment that Miers and Bolten were in contempt of Congress and an injunction ordering them to comply with the subpoenas. The district court ruled for the House, although that ruling was subsequently stayed and a compromise was reached. This Article examines the constellation of issues arising out of contempt of Congress proceedings against executive branch officials. After briefly describing the Miers litigation, it examines the development of legislative contempt against executive officials in Anglo-American law. It shows that the contempt power played a significant role in power struggles between the Crown and Parliament and between the Crown and colonial American legislatures, and that this role continued into the early state legislatures. It then traces Congress's uses of the contempt power against executive branch officials, including in two cases that have generally been overlooked by both judicial and academic commentators, in which a house of Congress sent its sergeant-at-arms to arrest an executive branch officer. The Article then uses that history to consider how cases of executive branch contempt of Congress should be dealt with today. It notes the variety of political tools that Anglo-American legislatures have used to enforce their contempt findings, as well as the fact that they did not turn to the courts to resolve such disputes until the late twentieth century. It then argues that the resolution of such disputes by the courts does significant harm to the American body politic. This Article therefore concludes both that Congress erred in seeking judicial resolution of the Miers dispute and that the courts erred in finding it justiciable.
Book Synopsis Congress' Contempt Power by : Jay R. Shampansky
Download or read book Congress' Contempt Power written by Jay R. Shampansky and published by . This book was released on 1986 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Congressional Research Service Publisher :Createspace Independent Publishing Platform ISBN 13 :9781973771111 Total Pages :94 pages Book Rating :4.7/5 (711 download)
Book Synopsis Congress?s Contempt Power and the Enforcement of Congressional Subpoenas by : Congressional Research Service
Download or read book Congress?s Contempt Power and the Enforcement of Congressional Subpoenas written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2017-07-20 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress's contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish the contemnor, and/or to remove the obstruction. Although arguably any action that directly obstructs the effort of Congress to exercise its constitutional powers may constitute a contempt, in recent times the contempt power has most often been employed in response to non-compliance with a duly issued congressional subpoena-whether in the form of a refusal to appear before a committee for purposes of providing testimony, or a refusal to produce requested documents. Congress has three formal methods by which it can combat non-compliance with a duly issued subpoena. Each of these methods invokes the authority of a separate branch of government. First, the long dormant inherent contempt power permits Congress to rely on its own constitutional authority to detain and imprison a contemnor until the individual complies with congressional demands. Second, the criminal contempt statute permits Congress to certify a contempt citation to the executive branch for the criminal prosecution of the contemnor. Finally, Congress may rely on the judicial branch to enforce a congressional subpoena. Under this procedure, Congress may seek a civil judgment from a federal court declaring that the individual in question is legally obligated to comply with the congressional subpoena. A number of obstacles face Congress in any attempt to enforce a subpoena issued against an executive branch official. Although the courts have reaffirmed Congress's constitutional authority to issue and enforce subpoenas, efforts to punish an executive branch official for non-compliance with a subpoena through criminal contempt will likely prove unavailing in many, if not most, circumstances. Where the official refuses to disclose information pursuant to the President's decision that such information is protected under executive privilege, past practice suggests that the Department of Justice (DOJ) will not pursue a prosecution for criminal contempt. In addition, although it appears that Congress may be able to enforce its own subpoenas through a declaratory civil action, relying on this mechanism to enforce a subpoena directed at an executive official may prove an inadequate means of protecting congressional prerogatives due to the time required to achieve a final, enforceable ruling in the case. Although subject to practical limitations, Congress retains the ability to exercise its own constitutionally based authorities to enforce a subpoena through inherent contempt. This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. The report also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally based limitations on the contempt power.
Book Synopsis Congressional Powers by : Marcus E. Rasmussen
Download or read book Congressional Powers written by Marcus E. Rasmussen and published by . This book was released on 2020-04-04 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress''s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Chapter 1 examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress''s contempt power, and analyses the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. It also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Congress gathers much of the information necessary to oversee the implementation of existing laws or to evaluate whether new laws are necessary from the executive branch. While executive branch officials comply with most congressional requests for information, there are times when the executive branch chooses to resist disclosure. When Congress finds an inquiry blocked by the withholding of information by the executive branch, or where the traditional process of negotiation and accommodation is inappropriate or unavailing, a subpoena -- either for testimony or documents -- may be used to compel compliance with congressional demands as reported in chapter2. As reported in chapter 3, the Committee on the Judiciary (''''the Committee'''') is currently engaged in an investigation into alleged obstruction of justice, public corruption, and other abuses of power by President Donald Trump, his associates, and members of his Administration. Few provisions in the U.S. Constitution grant the President an authority as free from legislative constraint as the Pardon Clause. While the pardon power has been wielded in numerous instances throughout American history, there is limited case law interpreting it. This lack of judicial guidance has begot various unsettled legal questions concerning the pardon power''s scope and breadth. For instance, whether the President may issue a self-pardon has been the subject of conflicting views and debate as discussed in chapter 4. Chapter 5 examines the broad constitutional authority of Congress to establish and shape the federal bureaucracy. Congress may use its Article I law-making powers to create federal agencies and individual offices within those agencies, design agencies'' basic structures and operations, and prescribe, subject to certain constitutional limitations, how those holding agency offices are appointed and removed. Congress also may enumerate the powers, duties, and functions to be exercised by agencies, as well as directly counteract, through later legislation, certain agency actions implementing delegated authority. The Trump Administration has recently questioned the legal validity of numerous investigative demands made by House committees. These objections have been based on various grounds, but two specific arguments will be addressed in chapter 6. First, the President and other Administration officials have contended that certain committee demands lack a valid "legislative purpose" and therefore do not fall within Congress''s investigative authority. Second, the President has made a more generalized claim that his advisers cannot be made to testify before Congress, even in the face of a committee subpoena. House Democrats have introduced a resolution that, if approved by the House, would formally "censure and condemn" President Trump for disparaging comments on immigration issues he allegedly made during a meeting with Members of Congress. Chapter 7 will discuss examples of congressional censure of the President before addressing its constitutional validity. Under the U.S. Constitution, the House of Representatives has the power to formally charge a federal officer with wrongdoing, a process known as impeachment. The House impeachment process generally proceeds in three phases: (1) initiation of the impeachment process; (2) Judiciary Committee investigation, hearings, and mark-up of articles of impeachment; and (3) full House consideration of the articles of impeachment. Chapter 8 provides an overview of the procedures and should not be treated or cited as an authority on congressional proceedings.
Book Synopsis Prosecution for Contempt of Congress of an Executive Branch Official Who Has Asserted a Claim of Executive Privilege by : Olson
Download or read book Prosecution for Contempt of Congress of an Executive Branch Official Who Has Asserted a Claim of Executive Privilege written by Olson and published by . This book was released on 1984 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations Publisher : ISBN 13 : Total Pages :56 pages Book Rating :4.3/5 (121 download)
Book Synopsis Prosecution of Contempt of Congress by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations
Download or read book Prosecution of Contempt of Congress written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1984 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Government Reform and Oversight Publisher : ISBN 13 : Total Pages :160 pages Book Rating :4.:/5 (327 download)
Book Synopsis Contempt of Congress by : United States. Congress. House. Committee on Government Reform and Oversight
Download or read book Contempt of Congress written by United States. Congress. House. Committee on Government Reform and Oversight and published by . This book was released on 1998 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Department of Justice. Office of Public Information Publisher : ISBN 13 : Total Pages :276 pages Book Rating :4.3/5 (243 download)
Book Synopsis Demands of Congressional Committees for Executive Papers by : United States. Department of Justice. Office of Public Information
Download or read book Demands of Congressional Committees for Executive Papers written by United States. Department of Justice. Office of Public Information and published by . This book was released on 1953 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Congress's Contempt Power and the Enforcement of Congressional Subpoenas by :
Download or read book Congress's Contempt Power and the Enforcement of Congressional Subpoenas written by and published by . This book was released on 2014 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Oversight and Investigations Publisher : ISBN 13 : Total Pages :400 pages Book Rating :4.3/5 (121 download)
Book Synopsis Contempt of Congress by : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Oversight and Investigations
Download or read book Contempt of Congress written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Oversight and Investigations and published by . This book was released on 1982 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Congress's Constitution by : Joshua Aaron Chafetz
Download or read book Congress's Constitution written by Joshua Aaron Chafetz and published by Yale University Press. This book was released on 2017-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Book Synopsis Executive Privilege by : Mark J. Rozell
Download or read book Executive Privilege written by Mark J. Rozell and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth history and analysis of executive privilege from President Nixon to President Obama, and its relation to the proper scope and limits of presidential power.
Book Synopsis Investigative Oversight by : Morton Rosenburg
Download or read book Investigative Oversight written by Morton Rosenburg and published by Nova Biomedical Books. This book was released on 2003 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congressional investigations have a special role in the history and the life of our government. In addition to informing Congress, so as to best accomplish its task of developing legislation, monitoring the implementation of public policy, and of disclosing to the public how its government is performing, the inquisitorial process also sustains and vindicates Congress' role in our constitutional scheme of cheques and balances. While they are only investigations, the high profile nature of many, including the failed St. Clair expedition of 1792 through Teapot Dome, Watergate, Iran-Contra and Whitewater has established in law and practice, the nature and contours of congressional prerogatives necessary to maintain the integrity of the legislative role in the government. This book thoroughly highlights the more common legal, procedural and practical issues, questions and problems that committees have faced in the course of an investigation. Problems of investigating the executive branch are detailed, with the focal point being the claim of the presidential executive privilege, and the problem of accessing information with respect to open or closed civil or criminal investigative matters. Various other issues are also touched and described.
Book Synopsis Constitutional Conflicts between Congress and the President by : Louis Fisher
Download or read book Constitutional Conflicts between Congress and the President written by Louis Fisher and published by University Press of Kansas. This book was released on 2014-08-19 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over three decades after its initial publication, Louis Fisher’s durable classic remains at the head of its class—a book that Congressional Quarterly called “as close to being indispensable as anything published in this field.” This newly revised sixth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton’s impeachment battles to the recent controversies over President Bush’s conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context. To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events. The new edition covers for the first time: * Obama’s military decisions in Afghanistan and Iraq * Military operations against Libya in 2011 * Threatened attacks on Syria in 2013 * Efforts to close Guantánamo * Obama’s recess appointments during a pro forma session * “Fast and Furious” scandal: Holder’s contempt and Obama’s executive privilege * The growth of presidential “czars” * Executive branch secrecy and lack of accountability * State Secrets Privilege after 9/11 * Distinguishing between “implied” powers (constitutional) and “inherent” powers (not constitutional) * Pocket vetoes and the growth of “hybrid vetoes” * New developments in the President’s removal power
Download or read book Congress’s Contempt Power written by and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Presidential Claims of Executive Privilege by : Morton Rosenberg
Download or read book Presidential Claims of Executive Privilege written by Morton Rosenberg and published by DIANE Publishing. This book was released on 2010 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Introduction: The Watergate Cases; Post-Watergate Cases; Executive Branch Positions on the Scope of Executive Privilege: Reagan Through George W. Bush; Implications and Potential Impact of the Espy and Judicial Watch Rulings for Future Executive Privilege Disputes; Recent Developments: George W. Bush Claims of Executive Privilege ; (2) Concluding Observations; (3) Appendix: Presidential Claims of Executive Privilege From the Kennedy Administration Through the George W. Bush Administration: 1. Kennedy; 2. Johnson; 3. Nixon; 4. Ford and Carter; 6. George H. W. Bush; 7. Clinton; 8. George W. Bush.
