Author: Olson
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
History of Refusals by Executive Branch Officials to Provide Information Demanded by Congress
Refusals by the Executive Branch to Provide Information to the Congress, 1964-1973
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher:
ISBN:
Category : Executive privilege (Government information)
Languages : en
Pages : 588
Book Description
Publisher:
ISBN:
Category : Executive privilege (Government information)
Languages : en
Pages : 588
Book Description
Refusals by Executive Branch Officials to Provide Information Or Documents Demanded by Congress
Author: United States. Department of Justice. Office of Legal Counsel
Publisher:
ISBN:
Category : Executive privilege (Government information)
Languages : en
Pages : 102
Book Description
Publisher:
ISBN:
Category : Executive privilege (Government information)
Languages : en
Pages : 102
Book Description
Congress¿s Contempt Power
Author: Morton Rosenberg
Publisher: DIANE Publishing
ISBN: 1437938124
Category : Political Science
Languages : en
Pages : 70
Book Description
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.
Publisher: DIANE Publishing
ISBN: 1437938124
Category : Political Science
Languages : en
Pages : 70
Book Description
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.
Refusals by the Executive Branch to Provide Information to the Congress, 1964-1973
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher:
ISBN:
Category : Executive privilege (Government information)
Languages : en
Pages : 571
Book Description
Publisher:
ISBN:
Category : Executive privilege (Government information)
Languages : en
Pages : 571
Book Description
Executive Branch Contempt of Congress
Author: Josh Chafetz
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
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.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
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.
Congress's Constitution
Author: Joshua Aaron Chafetz
Publisher: Yale University Press
ISBN: 0300197101
Category : History
Languages : en
Pages : 449
Book Description
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
Publisher: Yale University Press
ISBN: 0300197101
Category : History
Languages : en
Pages : 449
Book Description
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
The Contempt Power
Author: Ronald L. Goldfarb
Publisher:
ISBN:
Category : Contempt of court
Languages : en
Pages : 322
Book Description
Publisher:
ISBN:
Category : Contempt of court
Languages : en
Pages : 322
Book Description
Opinions of the Office of Legal Counsel of the United States Department of Justice
Author: United States. Department of Justice. Office of Legal Counsel
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 400
Book Description
Consisting of selected memorandum opinions advising the President of the United States, the Attorney General, and other executive officers of the Federal Government in relation to their official duties.
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 400
Book Description
Consisting of selected memorandum opinions advising the President of the United States, the Attorney General, and other executive officers of the Federal Government in relation to their official duties.