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    Home»News»Congress Still Has the Power To Arrest and Detain but It Lacks the Guts
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    Congress Still Has the Power To Arrest and Detain but It Lacks the Guts

    Whatfinger EditorBy Whatfinger EditorAugust 6, 2026No Comments5 Mins Read
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    Could Congress hold someone in contempt and then order the Capitol Police to arrest and detain that person? The answer is yes. The more revealing question is why it has almost never done so in modern times.

    The power is not theoretical. It is inherent in the legislative authority of the United States. The Supreme Court recognized it more than two centuries ago in Anderson v. Dunn (1821) and reaffirmed it a century later in McGrain v. Daugherty (1927). Congress may compel testimony, demand documents, and when met with defiance, arrest and detain the contemnor until compliance or the end of the session. The Sergeant at Arms, backed by the Capitol Police, is the instrument of that authority. The power exists independently of the criminal statute that allows Congress to refer contempt cases to the Justice Department. It is a direct assertion of legislative predominance over institutions that obstruct its constitutional functions.


    Read Full Article: https://www.lewrockwell.com/2026/08/lawrence-a-hunter/congress-still-has-the-power-to-arrest-and-detain-but-it-lacks-the-guts/

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