American Constitutional Law Volume I Sources Of Power And Restraint

Author: Otis Stephens, Jr.
Publisher: Cengage Learning
ISBN: 0495097047
Size: 45.93 MB
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In the climate of near-hysteria over Communist subversion, the admonitions in
Kilbourn v. Thompson about the proper scope and function of the investigatory
power were all but forgotten. Individuals who invoked their constitutional
immunity against compulsory self-incrimination in refusing to answer the
committee's questions were branded “Fifth Amendment Communists.” In Watkins
v. United States (1957), the Supreme Court reversed a conviction for contempt of
Congress in a case ...

Congress S Contempt Power

Author: Morton Rosenberg
Publisher: DIANE Publishing
ISBN: 1437938124
Size: 16.76 MB
Format: PDF, Docs
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The House adjudged Mr. Kilbourn in contempt and ordered him detained by the
Sergeant-at-Arms until he purged himself of contempt by releasing the requested
documents and answering the committee's questions.61 Mr. Kilbourn filed a suit
against the Speaker, the members of the committee, and the Sergeant-at-Arms
for false arrest. The lower court held in favor of the defendant dismissing the suit.
Mr. Kilbourn appealed, and the Supreme Court reversed, holding that Congress
did ...

Encyclopedia Of The United States Constitution

Author: David Andrew Schultz
Publisher: Infobase Publishing
ISBN: 1438126778
Size: 63.19 MB
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contempt of Congress 167 stitute what Edward S. Corwin called, in a seminal
1950 article, a “Constitution of Rights” (what Ginsburg called the “Constitution of
liberty”) versus a “Constitution of Power.” The New Deal Court supplanted the
former with the latter with the result that, in Corwin's words, “the Federal System
has shifted base in the direction of consolidated national power.” For more
information: Bernstein, David E. “Lochner Era Revisionism Revised: Lochner and
the Origins of ...

Encyclopedia Of The United States Congress

Author: Robert E. Dewhirst
Publisher: Infobase Publishing
ISBN: 1438110286
Size: 21.92 MB
Format: PDF, Kindle
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The punishment for contempt of Congress is no more than one year in prison and
/or $1,000 in fines. The Supreme Court has upheld the power of Congress to hold
people in contempt. In Anderson v. Dunn, the Court recognized the inherent
contempt power of Congress. The power included the ability of the House and
the Senate to punish contempt by jailing an individual. The Court limited this
power when it specified that imprisonment could not extend beyond the
adjournment of ...

Congress A Z

Author: staff of Congressional Quarterly,
Publisher: Routledge
ISBN: 1135938423
Size: 28.10 MB
Format: PDF
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This ability to punish for contempt reinforces the congressional INVESTIGATIONS
process. The Constitution does not specifically grant Congress the power to
punish for contempt, except in the case of one of its own members. But from the
beginning Congress assumed that it could jail persons who were judged in
contempt. It even confined some of them in the Capitol. At first Congress imposed
punishment itself, but since the 1930s contempt cases have been prosecuted in
the courts.

Criminal Law

Author: John M. Scheb, II
Publisher: Cengage Learning
ISBN: 1305177495
Size: 65.57 MB
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Writing for the Court in Bloom, Justice Byron White observed: Criminally
contemptuous conduct may violate other provisions of the criminal law; but even
when this is not the case, convictions for criminal contempt are indistinguishable
from ... United States, 349 U.S. 155, 75 S.Ct. 668, 99 L.Ed. 964 (1955), the
Supreme Court overturned a conviction for contempt of Congress where there
was not adequate proof that the witness deliberately and intentionally refused to
answer a question.

Criminal Law And Procedure

Author: John M. Scheb
Publisher: Cengage Learning
ISBN: 128554613X
Size: 23.31 MB
Format: PDF
View: 5897
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Writing for the Court in Bloom, justice Byron White observed: Criminally
contemptuous conduct may violate other provisions of the criminal law; but even
when this is not the case, convictions for criminal contempt are indis—
tinguishable ... United States, 349 U.S. 155, 75 S.Ct. 668, 99 L.Ed. 964 (1955),
the Supreme Court overturned a conviction for contempt of Congress where there
was not adequate proof that the witness deliberately and intentionally refused to
answer a question.