Skip to comments.OK got a question for all of you...
Posted on 05/13/2011 8:23:25 AM PDT by US Navy Vet
Can the US Congress "arrest" and "detain" members of the other 3 branches of US Government? Also Is there a detainment facility w/in the US Capitol Bldg Complex for this?
Who do you have in mind...? :)
Where is this coming from? And you’ll have to provide a lot more information before you can even think of getting an answer?
No. At that, I’m not even sure their subpoena powers are legal.
I don’t know, but I’m interested to see where you’re going with this.
yes to both Qs
Any US Congressional and US Capitol Legal Eagles out there answer this?
What other *three* branches? Are you talking about the 'jon stewart' media as a 'branch'?
Congressman Clement L. Vallandingham of Ohio was arrested by 67 Federal agents at his Dayton home in the middle of the night. He was tried by a military tribunal and deported on the orders of Abraham Lincoln.
Since when have we had four branches of government?
I meant 2 branches(getting old I guess).
Being “co equal” I don’t see how.
It’s called “impeachment”: there are Constitutional processes for what amounts to “grand jury”, “jury trial”, and then actual criminal prosecution. (To oversimplify.)
What do you have in mind?
He was arrested under Lincoln’s orders not US Congress’s.
No, Congress cannot. It does no have the authority. All it an do is subpoena. And no, there is no detainment facility within the Capitol complex, unless you’re talking about the press galleries. When people are arrested in the Capitol complex, they have to be taken to the DC jail.
I don’t know the answer to your specific question, or part of it. There are three branches of government, Legislative, Judicial and the Executive. Congress is but one of the three branches. The way you phrased your question suggests there are four branches with Congress being one of them. Who are the other three you are thinking of?
Congress, in session, can subpoena persons to testify. A person can be found in contempt of Congress but I don’t know if they can order an arrest (I presume they can) but who actually makes the “arrest”, I don’t know.
I find many people hold Congress in contempt. Who can/will arrest them for us?
Poor example, IMHO. Lincoln had no regard for the Constitution in general and the Bill of Rights in particular.
Congress can arrest it’s own members to force them in to session if need be. I think. But no there are no poswers of the congress to arrest members in the other two branches that I am aware of.
There's a trap door under Henry Waxman's desk...
The Congress can issue a warrant but it would need to be enforced by the Executive Branch. The Supreme Court can strike down laws and order the Executive to do something or to not do something but it must rely on the willingness of the other two Branches to exist under and honor the rule of law to enforce their decisions.
Simply put all three branches are co-equal and none has superior authority over another. If Congress issued an arrest warrant for Holder, who would enforce it? What if obama and holder simply refused to obey? We would have a genuine Constitutional Crisis and who knows where it would lead.
I don't think Fort McHenry is anything more than a tourist attraction anymore, so that's a historically accurate and legally vetted option for you. ;-)
When people are arrested in the Capitol complex, they have to be taken to the DC jail.
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Probably where they are supposed to be taken.
I would imagine 95% of a ‘planned’ protest would be detained and charged and ‘ordered’ to appear before a DC Court, with very little or no interaction with the fine residents of DC Jail.
The DC mayor and Council have been having a ‘good time’ and getting a lot of press by being ‘arrested’.
Yes, they are hauled off in plastic restraints and processed in a field office (or bus). They then have the nerve to liken themselves to the “Freedom Riders” and others that had to put up with Bull Connor and his fire hoses, and other assorted ‘good old boys’ in the deep south.
The way to get the Mayor and Council to “STOP” this foolishness is to take them out in regulation cuffs, and put them with their ‘guarded constituents’.
This ‘crap’ would end forthwith.
Is that a view looking down from the trap door, or up from the trap door.
Pretty “Big” from either direction.
How many branches of government do we have?
i believe congress can bring charges against but not necessarily arrest and detain...
Yes it can subpoena but it does not have to go through the US attorney General to enforce the subpoena. Congress can retain its own counsel to bring actions in the courts to enforce its subpoena and isn’t required to rely on the US Attorney to file suit.
It’s after you’ve descended the steps. That’s where Henry commands his Orc army.
COBOL...I havent thought of COBOL since 1980. And no, I am not speaking of the imaginary home planet of the 12 tribes in BSG. But the fact that I know the 2 meanings of the work makes me a double dork.
I often wonder how I found a woman.
The hundreds, probably thousands of demonstrators who have been arrested and put in the DC jail, over the past 20 years or so, have been very unhappy about it and have complained about the accommodations and the company they were keeping. I don’t know what happened with Vincent Gray, but the DC administrative building is right down the street from the Capitol.
In 1832, Sam Houston (that Sam Houston), then a private citizen, assaulted Ohio Rep. William Stanbery as Stanbery was walking home in Washington, D.C. According to Stanbery, Houston was indignant over something that Stanbery had said in a floor debate. Stanbery reported the assault to the House, which ordered its sergeant-at-arms to “take in custody, wherever to be found, the body of Samuel Houston; and the same in his custody to keep, subject to the further order and direction of this House.” Houston was arrested and brought before the House, where he was represented by Francis Scott Key (that Francis Scott Key). After a monthlong trial, he was reprimanded and sent on his way.
Actually Brown and the others were all released by November, 1862. And most of them weren't held in Ft. McHenry. They were held in Ft. Warren in Boston.
I dont know what happened with Vincent Gray,
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The way they were ‘posing for the cameras’, laughing it up etc I seriously doubt ANYONE got much further than Indiana Ave- Upstairs....
Now if they were to spend the night up by the Stadium/Armory they may think twice about ‘reliving’ the experience.
Although I think more than a ‘couple’ of them may ‘enjoy’ the experience.
The Article I, Section 8 general welfare clause permits Congress to tax and spend in a manner that deprives fundamental rights, which by logical extension includes forcible imprisonment of enemies of Congress.
First of all, there are only two other branches of USG. Secondly, they have no powers of arrest. There are areas in Capitol where arrestees can be held on a very temporary basis. This for someone caught in a criminal act on Capitol grounds.
Ah, well, see? Options abound!
congress does have a sergeant-at-arms position and this position does include powers of arrest. I believe the founders intended the sergeant-at-arms to go after people who are ordered to appear before congress that do not show up. It is a federal crime to fail to appear before congress for a congressional hearing/trial. I do not know if the sergeant-at-arms position is currently filled.
it wasn’t long after that he went to Texas..
and the rest is...
The other 3?
Separated at birth! HAHAHA!
But that was the Executive branch arresting a congressman. I guess our poster wants to know if that shoe will fit on another foot.
BTW, where did they deport the guy to, wasn’t he a US Citizen? Since it’s Lincoln I assume this is Civil War related, but maybe that’s not right?
I would think that if a congressman is brought before congress and is convicted of something serious, he’d be stripped of his seat and thrown into jail as a citizen.
Miss him. Always had great “my 2 cents”