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Old 09-20-2011, 09:52 PM
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Join Date: Nov 2001
Location: Cape Cod Massachusetts
Posts: 1,427
Quote:
Originally Posted by Botnst View Post
What will they do, send out the capitol police? The Congress is a political, not executive body. They don't have executive authority or power. Like the Supremes. Or as President Jackson observed, "Mr Marshall has made his law. Now let him enforce it." Marshall was a justice, not an executive. Jackson emasculated his ruling. Due to which, the Cherokee nation suffered mightily. Yay President Jackson.
You might consult with G. Gordon Liddy about the ability of the House to cited someone for contempt. He recieved a six month suspended sentence.

"Contempt of Congress is any improper attempt to obstruct the legislative process, usually by a refusal to provide information that Congress has requested. The contempt power is critical to Congress's ability to investigate the activities of the executive branch or any issue about which it is considering enacting legislation. Congress can use contempt citations against witnesses who refuse to testify or to produce required evidence. Those found guilty of contempt of Congress may go to prison.

There are three methods of prosecuting for contempt of Congress. First, Congress can try contempt cases itself. In 1848 and 1871 the Senate did just that, imprisoning newspaper reporters in the Capitol for not revealing the source of the Senate secrets they had published. Congress can also turn contempt cases over to the Department of Justice for criminal prosecution. However, juries have often acquitted individuals charged with contempt, especially if it appears that the congressional committee abused its power. For example, between 1950 and 1966 the House Un-American Activities Committee issued 133 contempt citations, but only nine people were convicted. Finally, the Senate or House can also file civil charges of contempt. Using this procedure, a federal judge determines whether a question asked by Congress was legitimate. If the judge orders a witness to answer and the witness refuses, then the witness would be in contempt of court and could be fined or imprisoned. For example, during the Watergate investigation the House cited G. Gordon Liddy for contempt for refusing to testify before a House committee. A federal judge gave Liddy a suspended six-month sentence.

The Supreme Court has upheld Congress's power to punish for contempt but has specified some limitations against its unreasonable use. In the case of McGrain v. Daugherty in 1927, the Court ruled that “a legislative body cannot legislate wisely or effectively in the absence of information…. Experience has taught that mere requests for such information often are unavailing, and also that information which is volunteered is not always accurate or complete; so some means of compulsion are essential to obtain that which is needed.”

http://www.answers.com/topic/contempt-of-congress
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