Omar Bennett
The U.S. Constitution grants Congress the power to issue subpoenas, which are legally enforceable demands for documents, data, or witness testimony. While the Constitution itself does not explicitly mention subpoenas, the Supreme Court has affirmed Congress's authority to issue them, stating that the power to investigate is essential for Congress to effectively write laws. This investigative power, however, is not unlimited, as the Supreme Court has clarified that Congress is not a law enforcement agency and cannot investigate solely to expose wrongdoing. The Supreme Court has also recognized Congress's inherent authority to hold individuals in contempt for failing to comply with subpoenas, although Congress rarely exercises this power due to its time-consuming nature.
| Characteristics | Values |
|---|---|
| Power to issue subpoenas | The Supreme Court has recognized Congress's power to issue subpoenas, but it is not specified by the Constitution. |
| Power to enforce subpoenas | Congress has the power to enforce subpoenas by declaring a person in contempt, which is a criminal offense. |
| Power to arrest and detain | Congress does not typically arrest and detain people for ignoring subpoenas, but it has the "inherent authority" to do so. |
| Limitations | Congress's power to issue subpoenas is not unlimited. Subpoenas must further a legitimate legislative purpose and cannot be used purely to expose wrongdoing. |
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What You'll Learn
- Congress can request documents or ask witnesses to testify
- Congress does not arrest or detain people for ignoring subpoenas
- Congress can ask the US attorney to bring criminal charges against a witness who refuses to appear
- Congress can enforce a subpoena after a contempt vote
- Congress can file a civil lawsuit in federal court, requesting a judge to order compliance with a subpoena
Congress can request documents or ask witnesses to testify
Congress has the power to request documents or ask witnesses to testify, although this is not explicitly specified in the Constitution. This power is derived from Supreme Court rulings, which have established Congress's broad authority to oversee the executive branch and conduct investigations.
Congressional subpoenas are a key tool in this process, as they are legally enforceable demands for documents, data, or witness testimony. While Congress does not directly arrest or detain individuals who ignore subpoenas, they can hold them in contempt of Congress, which is a criminal offence. In the past, Congress has also used its "'inherent contempt'" power to send the Sergeant at Arms to detain subpoena violators, although this has not been done in recent times and is seen as an extreme option.
The Supreme Court affirmed in Watkins v. United States (1957) that the power to conduct investigations is inherent in the legislative process and that citizens have an obligation to respond to subpoenas and provide testimony and documents. This power, however, is not unlimited. The Supreme Court has clarified that Congress is not a law enforcement agency and cannot investigate solely to expose wrongdoing or for political gain. A subpoena must potentially further a "legitimate legislative purpose."
Congress has a long history of using subpoenas to compel testimony and evidence when information is not provided voluntarily. In cases where the executive branch or witnesses do not comply with subpoenas, Congress has several options to enforce compliance, including negotiating terms, filing civil lawsuits, or seeking the assistance of federal prosecutors.
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Congress does not arrest or detain people for ignoring subpoenas
The U.S. Congress does not arrest or detain people for ignoring its subpoenas. However, it still has the power to demand documents and witnesses. Subpoenas are legally enforceable demands for documents, data, or witness testimony. They are issued by courts and government agencies, and failure to comply can result in civil or criminal penalties.
Congress has broad authority, established by Supreme Court rulings, to oversee the executive branch and conduct investigations. As part of these powers, Congress can request documents or ask witnesses to testify. While the Constitution does not specify this power, Congress has a long-established history of using subpoenas to compel testimony when information is not provided voluntarily.
Congress can hold individuals in contempt for failing to comply with a subpoena. In such cases, Congress can ask the U.S. Attorney for the District of Columbia, a federal prosecutor, to bring criminal charges against the individual. However, this option is unlikely to be pursued, especially when subpoenas are issued against executive branch officials.
Congress has other options to enforce compliance with subpoenas. One option is to file a civil lawsuit in federal court, requesting a judge to order compliance. Another option is to use its "'inherent contempt' power by sending the Sergeant-at-Arms to detain subpoena violators. However, this option is considered extreme and has not been used since 1935.
In modern times, Congress has opted for a third approach: getting its lawyers to bring a civil lawsuit asking a judge to rule that compliance is required. This process was used in a case involving President Donald Trump, who defied subpoenas issued by Democrats in the House of Representatives, who had launched investigations into him, his businesses, family, and administration.
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Congress can ask the US attorney to bring criminal charges against a witness who refuses to appear
The power of the US Congress to issue subpoenas is not explicitly stated in the Constitution. However, Congress has a long-established history of using subpoenas to compel testimony and evidence when information is not provided voluntarily. This power has been upheld by the Supreme Court, which affirmed that "it is unquestionably the duty of all citizens to cooperate with Congress in its efforts to obtain the facts needed for intelligent legislative action".
Congress does not have the power to arrest or detain individuals who refuse to comply with subpoenas. However, they can ask the US attorney for the District of Columbia, a federal prosecutor, to bring criminal charges against a witness who refuses to appear. This is based on a criminal law that specifically prohibits flouting a congressional subpoena. While this option is rarely used, it remains a potential consequence of defying a congressional subpoena.
In addition to seeking criminal charges, Congress has other methods to address non-compliance with subpoenas. One option is to file a civil lawsuit in federal court, requesting a judge to order compliance with the subpoena. This process can be time-consuming, often taking months or years to resolve. Another option is for Congress to use its "'inherent contempt' power, which involves sending the Sergeant at Arms to detain subpoena violators. However, this power has not been exercised since 1935 and is generally viewed as an extreme measure.
Congress can also hold individuals in contempt of Congress, which is a misdemeanor act of obstructing the work of Congress or one of its committees. Contempt of Congress can result in criminal charges and has been applied in cases where individuals refuse to comply with subpoenas. In some instances, Congress has issued contempt citations against individuals who failed to appear or produce documents in response to a subpoena.
While Congress has the authority to issue subpoenas and seek consequences for non-compliance, the effectiveness of these measures depends on the cooperation of other branches of government. The Trump administration, for example, has presented challenges by defying subpoenas and refusing to prosecute members of its administration for contempt of Congress. In such cases, Congress may opt for alternative approaches, such as using the administration's non-compliance as evidence for articles of impeachment.
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Congress can enforce a subpoena after a contempt vote
While the US Constitution does not explicitly give Congress the power to subpoena, the Supreme Court has recognised and affirmed Congress's power to do so, stating that in order to write laws, it also needs to be able to investigate. Congress has a long-established history of using subpoenas to compel testimony or the production of documents when information is not provided voluntarily.
In addition to these options, Congress has other ways to enforce a subpoena after a contempt vote. One alternative is for Congress to use the administration's noncompliance as further evidence for articles of impeachment against the president. This was suggested by House Intelligence Committee Chair Adam Schiff in the context of the Ukraine probe. Another possibility is for Congress to work out a compromise with the administration to provide some witness testimony or redacted evidence. This approach allows for the negotiation of terms of compliance and has been used in the past.
It is important to note that Congress's power to issue subpoenas is not unlimited. The Supreme Court has clarified that Congress is not a law enforcement agency and cannot investigate solely to expose wrongdoing or damaging information for political gain. A subpoena must potentially further a legitimate legislative purpose.
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Congress can file a civil lawsuit in federal court, requesting a judge to order compliance with a subpoena
Congress has a long-established history of using subpoenas to compel testimony when information is not provided voluntarily. While the Constitution does not explicitly grant Congress the power to issue subpoenas, the Supreme Court has recognised and affirmed Congress's ability to do so, stating that in order to write laws, it needs to be able to investigate.
Congress's power to issue subpoenas is not unlimited, however. The Supreme Court has clarified that Congress is not a law enforcement agency and cannot investigate someone purely to expose wrongdoing or damaging information for political gain. A subpoena must potentially further a "legitimate legislative purpose".
If a government official ignores a congressional subpoena, Congress typically first holds the offender in contempt of Congress. Contempt of Congress is the act of obstructing the work of Congress or one of its committees, and can result in criminal charges. In modern times, it has generally applied to the refusal to comply with a subpoena.
Congress has several options to enforce a subpoena when faced with noncompliance. One option is to file a civil lawsuit in federal court, requesting a judge to order compliance with the subpoena. This can take a significant amount of time to resolve. Another option is to use its "'inherent contempt' power" by sending the Sergeant at Arms to detain subpoena violators. However, this option is considered extreme and has not been used in recent times.
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Frequently asked questions
The Constitution does not explicitly give Congress the power to subpoena. However, the Supreme Court has affirmed that Congress has the authority to issue subpoenas as part of its investigative powers.
A congressional subpoena is a legally enforceable demand for documents, data, or witness testimony. Congress can use subpoenas to gather information for investigations related to lawmaking.
If someone does not comply with a congressional subpoena, Congress can hold them in contempt. While Congress no longer detains individuals for contempt, they can refer the matter to the Justice Department or file a civil lawsuit to compel compliance.
Yes, while courts generally avoid interfering with Congress's subpoena power, they may do so if Congress acts outside its lawful authority. For example, Congress cannot investigate solely to expose wrongdoing or for political gain.
