Subpoena Judges? Yes, Indeed

(See also: Newt and the Judges) Speaker Gingrich's campaign position paper, "Bringing the Courts Back Under the Constitution," has serious flaws such as proposing that Congress and the Executive could limit the jurisdiction of the courts to hear cases challenging unconstitutional laws that are enacted by those two branches. One of the controversial positions in the paper that has drawn criticism is that Congress may subpoena judges to testify about judicial opinions they've written.  Subpoenaing judges actually may be one of the better ideas in the paper, and could be implemented independent of the other proposals. In fact, there is no provision in the Constitution barring Congress from subpoenaing judges now. The Speech and Debate Clause in Article I, on the other hand, expressly protects members of Congress who "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and...(Read Full Article)

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