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Archive of entries posted on May 2008

DOJ’s Brief in Miers–Right Without Remedy?

The Department of Justice brief in the Miers case argues that Congress has no judicial remedy when the executive branch refuses to provide it with information and, moreover, that the Constitution bars Congress, or either House thereof, from ever having a judicial remedy when such information is withheld.  Specifically, DOJ contends that the House Judiciary [...]

Don’t Tape Me Bro!

According to The Hill, Congressman Renzi plans to raise Speech or Debate objections to the FBI’s interception of some of his telephone calls.  No doubt his attorneys will rely primarily on the DC Circuit’s decision in the Jefferson case.  As I noted previously:  The extension of the DC Circuit’s decision to electronic surveillance also seems [...]

The Significance of Reed

            While the novelty of the situation presented in Reed is apparent, neither the congressional nor the judicial response suggest that the specter of a congressional committee seeking judicial relief was viewed as a radical departure from historical practice or one that threatened established constitutional principles.  From the congressional perspective, the select committee viewed the [...]

The Supreme Court Decision in Reed

             After the Court of Appeals affirmed the district court, the select committee petitioned the Supreme Court for certiorari, emphasizing that the questions presented “are of such importance to the proper exercise by the Senate of the United States of its separate constitutional powers, that the petitioners, as a committee of the Senate, deem it [...]

The Reed Case and Congressional Standing

            Because the analysis of congressional standing in the Miers case depends heavily on an understanding of the history of legislative privilege, attention must be paid to the case of Reed v. County Commissioners, 277 U.S. 376 (1928).  Reed involved a select Senate committee formed in the spring of 1926 to investigate alleged fraudulent and [...]