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TopicPolitics Containment Topic 241: Trump Goes Coup-Coup
xp1337
10/08/19 6:36:35 PM
#389:


Congress's enforcement mechanisms for contempt are twofold here.

The typical way they handle it these days is to refer it to DOJ, but obviously DOJ can just kill it there if they want.

The other way is inherent contempt which is what they used to do until they started outsourcing it to DOJ. Either house of Congress has the power to arrest, detain, or fine as they deem fit. They send the Sergeant-at-Arms to arrest the person in question and bring them to the chamber. They are limited in their inability to punish beyond the current session of Congress (which is part of why they set up the DOJ thing, by creating a statutory process as alternate trackline.) But they have always retained inherent contempt even though they haven't exercised it since 1935.

I presume they could also utilize the Capitol Police, which answers to them, to aid in this but I'm not 100% sure.

SCOTUS has historically sided with Congress here, and inherent contempt has been upheld repeatedly, and SCOTUS generally declines to interfere with how Congress goes about this as a political question it has no right to interfere in.
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