Congress’s ability to scrutinise the executive branch rests on fragile norms
IN 1924, a Senate committee investigating the Teapot Dome bribery scandal issued a subpoena to Mal Daugherty, a bank president and brother of Harry Daugherty, who would soon resign as attorney-general. When Mal failed to appear, the Senate dispatched its deputy sergeant-at-arms to Ohio to arrest him. Daugherty challenged his arrest, arguing that the Senate had exceeded its authority. The Supreme Court disagreed.
Congress can charge people who ignore subpoenas with contempt, which requires a majority vote in a single chamber. Enforcing that charge is trickier. The days of apprehension by the sergeant-at-arms followed by detention are over; that power has not been used since 1935, when a Hoover administration official was held at the Willard hotel.
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