Author: Felix FrankfurterPublisher:
ISBN:
Category : Contempt of court
Languages : en
Pages : 118
Book Description
Power of Congress Over Procedure in Criminal Contempts in "inferior" Federal Courts--a Study in Separation of Powers
Author: Felix FrankfurterPublisher:
ISBN:
Category : Contempt of court
Languages : en
Pages : 118
Book Description
Congress¿s Contempt Power
Author: Morton RosenbergPublisher: 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.
Separation of Powers
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of PowersPublisher:
ISBN:
Category : Separation of powers
Languages : en
Pages : 300
Book Description
The Cornell Law Quarterly
Author: Congress' Contempt Power
Author: Jay R. ShampanskyPublisher: Nova Biomedical Books
ISBN: 9781590337059
Category : Contempt of legislative bodies
Languages : en
Pages : 0
Book Description
This new book examines the source of the congressional contempt power, briefly reviews the historical development of early court decisions, outlines the statutory and constitutional limitations on the contempt power, and analyses the procedures associated with each of the three different types of contempt proceedings (inherent contempt, statutory criminal contempt and statutory civil contempt) which can be employed. Also touched upon are the special procedural and constitutional problems encountered when the contempt power is used against an executive branch official. Contents: Preface; Introduction; the Power to Investigate; The Investigatory and Contempt Powers: Early History; Inherent Contempt; Statutory Criminal Contempt; Statutory Civil Contempt; Non-Constitutional Limitations; Constitutional Limitations; Contempt by an Executive Branch Official: Executive Privilege and Precedents; Contempt by an Executive Branch Official: Problems and Alternatives; Index.
Holmes and Frankfurter
Author: Oliver Wendell Holmes (Jr.)Publisher: UPNE
ISBN: 9780874517583
Category : Judges
Languages : en
Pages : 360
Book Description
The first publication of an extensive correspondence between two of the century's greatest American jurists.
Children's Bureau Publications
Author: Administrative Law and Procedure Under the NIRA
Author: Paul C. AikenPublisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 416
Book Description
Courts and Congress
Author: William QuirkPublisher: Routledge
ISBN: 1351525514
Category : Law
Languages : en
Pages : 332
Book Description
It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
Harvard Law Review
Author: Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 1248
Book Description