Why Congress has the power to make arrests. - By Josh Chafetz - Slate Magazine: "...Federal law can allow the executive to punish disobedience to Congress, but it cannot take away Congress' own punishment powers. Back in 1833, Justice Joseph Story said those powers were utterly necessary 'for either house to perform its constitutional functions,' a conclusion also reached by the Supreme Court as a whole in 1821. Once a house of Congress finds someone in contempt, it can order its sergeant to go after him. It's really that simple.
And that's as it should be: As the House of Commons understood when it nabbed Ferrers on its own, and as Congress understood when it scooped up Sam Houston, accepting help from the executive means subordination to the executive. The legislature can least afford this when it is the executive that is under investigation. The sergeants of the houses of Congress already have all the power they need. Rove, Rice, Miers—Congress, go get 'em!"
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