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Congressional Investigations
Topic Started: Nov 10 2015, 03:57 AM (207 Views)
Berton
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From another source:

Quote:
 
In sum, the legal authority of Congress to seek and use investigatory information
is extremely broad and is subject to only minimal oversight by the courts. Absent
clear violations of substantive constitutional rights, there are few formal
restraints on congressional action, and recourse to the judiciary for relief from
such action is extremely limited.


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
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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
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What business is it of yours, Brew? Go meddle in your own affairs.
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Berton
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Still another source:

Quote:
 
Far-reaching and intrusive Congressional subpoenas issued pursuant to this power have been repeatedly upheld by the courts under the Speech and De-bate Clause of the Constitution.12 In Eastland v. United States Servicemen's Fund, the Supreme Court stated that the Speech and Debate Clause "was written to . . . forbid invocation of judicial power to challenge the wisdom of Congress' use of its investigative authority."13 Under this view, the separation of powers doctrine prohibits the courts from interfering with Congress' legitimate exercise of its subpoena power to collect information pursuant to its legislative function. Accordingly, parties subject to a Congressional subpoena generally have little recourse to the courts.


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
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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
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Which was?

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colo_crawdad
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colo_crawdad
Nov 10 2015, 05:44 AM
I don't think there has ever been a question about whether or not Congress could investigate. The question may well be if they have the power to demand certain materials and punish if those materials are not delivered.
Here it is.
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Berton
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colo_crawdad
Nov 10 2015, 09:56 AM
colo_crawdad
Nov 10 2015, 05:44 AM
I don't think there has ever been a question about whether or not Congress could investigate. The question may well be if they have the power to demand certain materials and punish if those materials are not delivered.
Here it is.

Do they have the power to demand certain materials?

Quote:
 
And in a 1957 opinion generally hostile to the exercise of the investigatory power in the post–War years, Chief Justice Warren[p.91]did not question the basic power. “The power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in our social, economic or political system for the purpose of enabling the Congress to remedy them. It comprehends probes into departments of the Federal Government to expose corruption, inefficiency or waste.”164 Justice Harlan summarized the matter in 1959. “The power of inquiry has been employed by Congress throughout our history, over the whole range of the national interests concerning which Congress might legislate or decide upon due investigation not to legislate; it has similarly been utilized in determining what to appropriate from the national purse, or whether to appropriate. The scope of the power of inquiry, in short, is as penetrating and far– reaching as the potential power to enact and appropriate under the Constitution.”


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
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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
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colo_crawdad
Nov 10 2015, 10:56 AM
Because I see nothing there that indicates the power to demand working papers and to punish if the papers are not delivered.

Quote:
 
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.


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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