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Congress's Contempt Power

Autor Morton Roesnberg, Todd B Tatelman
en Limba Engleză Paperback – 14 dec 2008
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 (inherent contempt), punish the contemnor (criminal contempt),and/or to remove the obstruction (civil contempt). Although arguably any action that directly obstructs the effort of Congress to exercise its constitutional powers may constitute a contempt, in the last seventy years the contempt power (primarily through the criminal contempt process) has generally been employed only in instances of refusals of witnesses to appear before committees, to respond to questions, or to produce documents. This book 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 each of the three different types of contempt proceedings. In addition, the book discusses limitations on both constitutional and constitutionally based on the power.
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Specificații

ISBN-13: 9781604563993
ISBN-10: 1604563990
Pagini: 99
Dimensiuni: 154 x 227 x 8 mm
Greutate: 0.21 kg
Editura: Nova Science Publishers Inc

Cuprins

Preface; Introduction; Congresss Power to Investigate; Early History of Congressional Contempt; Inherent Contempt; Inherent Contempt Proceedings By Committees of Congress; Statutory Criminal Contempt; The Position of the Department of Justice on the Use of Inherent and/or Criminal Contempt of Congress Against the Executive Branch; Civil Contempt; Civil Contempt in the Senate; Civil Contempt in the House of Representatives; Non-Constitutional Limitations; Authorisation and Jurisdiction; Legislative Purpose; Pertinency; Wilfulness; Other Procedural Requirements; Attorney-Client Privilege; Work Product Immunity and Other Common Law Testimonial Privileges; Constitutional Limitations; First Amendment; Fourth Amendment; Fifth Amendment Privilege Against Self-Incrimination; Fifth Amendment Due Process Rights; Index.