Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Garvey, Todd ; Dolan, Alissa M.

Library of Congress. Congressional Research Service.

关键词: Law;    Due process of law;    Political questions and judicial power;    Public law;   

RP-ID  :  RL34097
RP-ID  :  RL34097_2012May08

美国|英语

来源: UNT Digital Library

【 摘 要 】

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. In addition, the report discusses both non-constitutional and constitutionally based limitations on the power. Finally, the report includes a discussion of the significance of the House Judiciary Committee dispute with the White House over the dismissal of several U.S. Attorneys that resulted in votes for criminal contempt of Congress and the United States District Court opinion in Committee on the Judiciary v. Miers.