The Problem: Congress has lost the authority to enforce subpoenas.
Inherent contempt enforcement has been the most effective of the three methods available to Congress for defending its institutional prerogatives against contumacious behavior and ensuring timely compliance with its information demands. Congress employed it highly successfully and almost exclusively until 1935, even after enactment of the criminal contempt statute in 1857.
Congress stopped employing inherent contempt after 1935 for three reasons: (a) the associated trials at the bar of either house consumed too much floor time, (b) the habeas corpus suits that invariably accompanied the arrests and detentions of alleged contemnors further delayed the process excessively, and (c) the arrest and incarceration of witnesses was perceived unseemly. Read more.
Our Mission
Good Government Now was founded to strengthen congressional subpoena enforcement to re-establish an appropriate constitutional balance between the legislative and executive branches.
Top Posts:
Inherent Contempt Fines Rule
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GGN Inherent Contempt Fines Proposal Gaining Traction in House Leadership Discussions: Rep. Schiff Third Committee Chair To Consider
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Can Congress Enforce their Subpoenas?
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Recent Posts:
Favorable McGahn Decision Won’t Remedy Congressional Subpoena Enforcement Failures
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Congress Should Subpoena Redfield; Enforce with Inherent Contempt Fines and Criminal Prosecution
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GGN Praises House Inherent Contempt Fines Resolution
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Senate Judiciary FISA Subpoenas Likely Toothless without Enforcement Reforms
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PRESS RELEASE — Senate FISA Subpoenas Likely Toothless without Enforcement Reforms
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McGahn Case Oral Arguments Fail to Consider Inherent Contempt Fines and Congressional Prosecution Options, Alarmism over Executive Branch Arrests Unjustified
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