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| Congressional Investigations | |
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| Tweet Topic Started: Nov 10 2015, 03:57 AM (207 Views) | |
| Berton | Nov 10 2015, 06:21 AM Post #11 |
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From another source:
https://www.mayerbrown.com/files/Publication/ec1203b2-a787-44ac-8344-5d5fab374ffa/Presentation/PublicationAttachment/11509b8b-df81-4db6-9e89-1d1b16c20856/White-Paper-Congressional-Subpoena.pdf |
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| Berton | Nov 10 2015, 06:27 AM Post #12 |
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From still another source: The Court has long since accorded its agreement with Congress that the investigatory power is so essential to the legislative function as to be implied from the general vesting of legislative power in Congress. ''We are of the opinion,'' wrote Justice Van Devanter, for a unanimous Court, ''that the power of inquiry--with process to enforce it--is an essential and appropriate auxiliary to the legislative function. . . . A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change; and where the legislative body does not itself possess the requisite information-- which not infrequently is true--recourse must be had to others who possess it. Experience has taught that mere requests for such information often are unavailing, and also that information which is volunteered is not always accurate or complete; so some means of compulsion are essential to obtain what is needed. All this was true before and when the Constitution was framed and adopted. In that period the power of inquiry--with enforcing process--was regarded and employed as a necessary and appropriate attribute of the power to legislate-- indeed, was treated as inhering in it. Thus there is ample warrant for thinking, as we do, that the constitutional provisions which commit the legislative function to the two houses are intended to include this attribute to the end that the function may be effectively exercised.'' http://constitution.findlaw.com/article1/annotation05.html#sthash.xlXhnYvs.dpuf |
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| Jim Miller | Nov 10 2015, 06:28 AM Post #13 |
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Fire & Ice Senior Diplomat
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What business is it of yours, Brew? Go meddle in your own affairs. |
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| Berton | Nov 10 2015, 06:43 AM Post #14 |
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Still another source:
http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1095&context=jpl Edited by Berton, Nov 10 2015, 06:43 AM.
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| colo_crawdad | Nov 10 2015, 08:59 AM Post #15 |
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Fire & Ice Senior Diplomat
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I believe that the material linked by Berton simply does not address the question I raised. |
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| Berton | Nov 10 2015, 09:00 AM Post #16 |
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Which was? |
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| colo_crawdad | Nov 10 2015, 09:56 AM Post #17 |
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Fire & Ice Senior Diplomat
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Here it is. |
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| Berton | Nov 10 2015, 10:28 AM Post #18 |
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Do they have the power to demand certain materials?
I believe that opinion by Chief Justice Warren says they do. Why would you think differently? Edited by Berton, Nov 10 2015, 10:30 AM.
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| colo_crawdad | Nov 10 2015, 10:56 AM Post #19 |
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Fire & Ice Senior Diplomat
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Because I see nothing there that indicates the power to demand working papers and to punish if the papers are not delivered. |
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| Berton | Nov 10 2015, 11:18 AM Post #20 |
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It seems that Congress has the power to demand any materials it deems necessary to properly legislate and the Court has said they have the means to obtain it. Why do you think working papers should be exempted? |
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