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  •  Conyers was advised not to use it... (9+ / 0-)

    They said it was risky.

    From my earlier diary:

    "There is something of a sense that it is not productive for Congress to use its inherent contempt power," explained Mark Agrast, a constitutional law expert and senior fellow at the Center for American Progress. "It's just too unwieldy and too untried to be used in the modern era."

    It was a case involving subpoenas for Miers and Bolten but I doubt inherent contempt would be any less unwieldy in an impeachment, but it remains an option.

    •  Yup. (17+ / 0-)

      And God knows the best way to prevent weakness is by rolling over and laying on your back.

      Congress is duplicit in the weakening of Congress.  Afraid to use their powers because they may lose their powers only ends up giving their powers away.

      So we move on. Change the White House and then move to change COngress.  It is slow and unwieldy but it is our best if not only real option.

      "You have attributed conditions to villainy that simply result from stupidity"

      by newfie on Tue May 13, 2008 at 05:50:16 AM PDT

      [ Parent ]

    •  Mark, what does that mean do you think? (3+ / 0-)

      Recommended by:
      markthshark, linkage, GWboosebag

      "There is something of a sense that it is not productive for Congress to use its inherent contempt power," explained Mark Agrast, a constitutional law expert and senior fellow at the Center for American Progress. "It's just too unwieldy and too untried to be used in the modern era."

      Seems like it would make them understand that we mean business.

      •  I think that Agrast and others are lumping... (0+ / 0-)

        inherent contempt in with other "powers" like executive privilege, signing statements, executive orders, presidential directives and others in both branches of government -- all of which have never fully been tested in the SCOTUS.

        And, it will go to SCOTUS. Count on it. I just don't happen to think that's necessarily a bad thing.

        There's only one reason why all these so-called "powers" haven't been tested for their constitutionality.

        One side has to lose. And, neither side wants to be that side. So, they bandy about these powers; posturing in the press, and threatening to use them until the other side capitulates -- which has always been the case in the past.

        Both sides just keep putting off the inevitable.

        I say test 'em now. At least everyone will know where they stand.

    •  Suppose Conyers asked for a showing of Citizens (4+ / 0-)

      Recommended by:
      markthshark, linkage, bnasley, GWboosebag

      on the DC Mall who would support Congress utilizing their inherent contempt powers?  Call it a 'town meeting' held on the Mall, to give Congress a sense of the will of the people.  

      I think we might be able to rouse a million or so to show up.  How about we set a date to show our support of this?  Perhaps Memorial Day or July 4th?

      When life gives you wingnuts, make wingnut butter!

      by antirove on Tue May 13, 2008 at 08:53:47 AM PDT

      [ Parent ]

    •  Yeah. "Don't use the power (3+ / 0-)

      Recommended by:
      corvo, linkage, bnasley

      that, on paper, we have at our disposal... because then everyone might realize we don't have that power!"  Good one.  Just like the "Gang of Fourteen Compromise."

      Government and laws are the agreement we all make to secure everyone's freedom.

      by Simplify on Tue May 13, 2008 at 08:57:37 AM PDT

      [ Parent ]

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