Power of Congress Over Procedure in Criminal Contempts in "inferior" Federal Courts--a Study in Separation of Powers
Author | : Felix Frankfurter |
Publisher | : |
Total Pages | : 118 |
Release | : 1924 |
Genre | : Contempt of court |
ISBN | : |
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Author | : Felix Frankfurter |
Publisher | : |
Total Pages | : 118 |
Release | : 1924 |
Genre | : Contempt of court |
ISBN | : |
Author | : Morton Rosenberg |
Publisher | : DIANE Publishing |
Total Pages | : 70 |
Release | : 2011 |
Genre | : Political Science |
ISBN | : 1437938124 |
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.
Author | : William Bondy |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 186 |
Release | : 1998 |
Genre | : Separation of powers |
ISBN | : 188636365X |
Bondy, William. Separation of Governmental Powers in History, in Theory, and in the Constitutions. New York: Columbia College, 1896. Reprinted 1999 by The Lawbook Exchange, Ltd. vi,[7]-185, [1] pp. LCCN 98-44994. ISBN 1-886363-65-X. Cloth. $65. * Examines theories relating to the powers of the court and the legislature and the separation and balance of the two. Originally published as v.5, no. 2 in Columbia's series, Studies in history, economics and public law.
Author | : William Bondy |
Publisher | : |
Total Pages | : 202 |
Release | : 1896 |
Genre | : Administrative law |
ISBN | : |
Author | : United States. Congress. House. Committee on the Judiciary |
Publisher | : |
Total Pages | : 74 |
Release | : 1932 |
Genre | : |
ISBN | : |
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers |
Publisher | : |
Total Pages | : 288 |
Release | : 1967 |
Genre | : Separation of powers |
ISBN | : |
Author | : Jay R. Shampansky |
Publisher | : Nova Biomedical Books |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Contempt of legislative bodies |
ISBN | : 9781590337059 |
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.
Author | : Ernest Elmer Means |
Publisher | : |
Total Pages | : 868 |
Release | : 1958 |
Genre | : Contempt of court |
ISBN | : |
Author | : Edward Keynes |
Publisher | : |
Total Pages | : 428 |
Release | : 1989 |
Genre | : Law |
ISBN | : |
Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.