280) The Supreme Court has recognized and reinforced Congress' inherent contempt
power throughout history.
Therefore, Rule 77 must be read in that context and therefore I am of the opinion that Rule 77 does not, and was not intended to, limit the Special Court's inherent contempt
of court powers.
If judges cannot or will not enforce discipline in their courts using the Rules of Court and their inherent contempt
power, and if the Bar will not punish attorneys for putting on false evidence, then adding another layer of legislation on top of this steaming pile will do nothing.
Notwithstanding the statute, "the courts' inherent contempt
powers to find violators of its orders in civil contempt were not and cannot be abrogated or unduly restricted.
In a recent Congressional Research Service report, the inherent contempt
powers of the United States Congress were characterized as "unseemly, cumbersome, time-consuming and relatively ineffective".
Contents Congress's Power to Investigate Early History of Congressional Contempt Inherent Contempt
Statutory Criminal Contempt The Position of the Department of Justice on the Use of Inherent and/ Criminal Contempt of Congress Against the Executive Branch Civil Contempt Civil Contempt in the Senate Civil Contempt in the House of Representatives
The Jurney decision also upheld the use of the inherent contempt
power to punish a past contempt, even where removal of the obstruction to the legislative process was no longer possible.
Daugherty, (7) which arose out of the exercise of the Senate's inherent contempt
power, the Supreme Court described the power of inquiry, with the accompanying process to enforce it, as "an essential and appropriate auxiliary to the legislative function.
Duane's contempt by the Senate, it appeared that the subject of the Congress's inherent contempt
power was settled.
This history, when combined with a 1993 Supreme Court decision addressing the power of Congress to make its own rules for the conduct of impeachment trials, (90) strongly suggests that the inherent contempt
process can be supported and facilitated by the conduct of evidentiary proceedings and the development of recommendations at the committee level.
125) Others argued that Congress's inherent contempt
powers rendered the proposed bill unnecessary.
The Department of Justice (DOJ) has taken the position that Congress cannot, as a matter of statutory or constitutional law, invoke either its inherent contempt
authority or the criminal contempt of Congress procedures (159) against an executive branch official acting on instructions by the President to assert executive privilege in response to a congressional subpoena.