Constitutional conflict, mano a mano

The US House of Representatives wants Secretary of State Condoleeza Rice to testify about fraudulent claims that Saddam Hussein was buying uranium from Niger, which claims were featured in the justifications for invading Iraq. Rice, who was National Security Advisor back then, seems inclined to refuse on the grounds of "executive privilege," i.e., that the President needs candid advice and certain discussions should remain confidential. The House has thus issued a subpoena, which requires Rice to appear or face arrest or other legal sanctions.

The only problem for the House is that the normal way to enforce such sanctions is through the office of the US Attorney for the District of Columbia, who works for and was appointed by the President, and might not be terribly motivated to expedite the House's will.

Stalemate? Well, have a look at this article in Slate which points out that the House has an officer of its own, the House Sergeant of Arms (one Wilson Livingood) who has both the legal authority and a weapon to enforce the House's will: the weapon being the Mace of the House.

The Slate article gives enough detail about both the British and American history of legislative bodies directly exerting jurisdiction to get you started on this fascinating topic (though if you go further don't ignore the history of the Roman Republic). I'd just like to say something about the symbol (?) of authority, the mace.

The mace is really no different from the scepter, and both are clubs. Have a look at this ancient Egyptian portrait of "Narmer" who may be the first king of the first dynasty, and note how he is using a scepter/mace to beat down his enemies. Do a Google Images search for "scepter" and one for "sceptre" and look at the images from older art. A scepter/mace is a symbol of power, and the jurisdiction -- ability to command and punish -- which is the essence of power.

For long periods of history, those who claimed jurisdiction held a scepter or mace to make their claim visible. In the Middle Ages, that included more than individual lords. A collective body with a significant degree of self-government and authority could have a mace, too. Like a university, which still has the power to grant legal rank (bachelor, master, and doctor) recognized by other authorities, and has its own rules of internal governance.

Does your university have a mace? Mine does, see the image above, in which Dr. Ted Chase is carrying it to a Nipissing University convocation.

I said the mace was a "symbol (?)" because battles over jurisdiction in the old days were often real battles. Slate cites a couple of examples in the article cited above. I don't know about the British/English Commons history of fisticuffs, but in the pre-Civil War days in the USA, it was not so unusual for members of Congress to beat each other up. One famous incident, the beating of Charles Sumner by Preston Brooks, helped bring on the war and shape the Reconstruction.

Has anyone written a social and pugilistic history of the pre-Civil War American Congress? Please tell me if you know of one.