Contempt Power of Congress

Contempt Power of Congress Legislative contempt or contempt of Congress refers to Congress's power to penalize an act of disrespect, disobedience, or interference with the legislative process. There is no explicit grant of this power in the Constitution, although Congress has assumed it since 1795. In Anderson v. Dunn (1821), which dealt with an attempt to bribe members, the Supreme Court held that the legislative contempt power was inherent in “a deliberate assembly, clothed with the majesty of the people” (p. 228). The courts will overturn a congressional finding only when the matter is deemed beyond the cognizance of Congress—that is, almost never.

The inherent contempt power, time consuming and of uncertain scope, has not been the favored procedure since 1857, when Congress enacted a contempt statute providing for a regular criminal process in the lower federal court with prescribed penalties. Bribery of members today is a separate criminal offense and the contempt statute is used primarily against witnesses who refuse to cooperate. The contempt power is not infrequently used to oblige recalcitrant executive officials to provide documents and to testify before Congress within the larger context of the separation of powers.

From 1945 to 1957, the House Committee on Un‐American Activities held approximately 230 public hearings and subpoenaed more than 3,000 persons, of whom 135 were cited for contempt for refusal to testify or cooperate with the committee (see Communism and Cold War). HUAC's authority to investigate the domestic activities of the Communist Party was upheld in Barenblatt v. United States (1959). But the Court has required Congress to adhere to constitutional procedural safeguards, including the privilege against self‐incrimination, the prohibition on unreasonable searches and seizures, and the general requirements of notice and an opportunity to be heard. The Court has thus guarded against the abuse of summary legislative contempt findings.

See also Separation of Powers.

Bibliography

Ronald Goldfard , The Contempt Power (1963).

Thomas E. Baker