Congressional Investigations: Constitutional Powers Examined

The US Constitution does not explicitly grant Congress the authority to conduct investigations. However, Congress and the courts have long maintained that Congress has an inherent constitutional prerogative to conduct investigations. This power is derived from Congress's legislative authority and is considered essential for effective law-making. While Congress's investigatory powers are broad, they are not unlimited. The separation of powers limits Congress's authority, preventing it from infringing on the powers of other branches of government.

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The implied power of Congress to investigate

The US Constitution does not explicitly grant Congress the authority to conduct investigations. However, it is widely recognised that Congress has an inherent and implied constitutional prerogative to do so. This implied power of Congress to investigate is derived from the general vesting of legislative power in Congress and is considered essential to its legislative function.

The first congressional investigation took place in 1792 when the House of Representatives formed a committee to investigate the defeat of General Arthur St. Clair in the Battle of the Wabash in what is now Ohio. This committee was empowered to “call for such persons, papers, and records as may be necessary to assist their inquiries". The establishment of this committee set an important precedent for Congress's investigatory powers.

Congress's understanding of its investigatory powers remained robust in the 19th century, with both the House and Senate engaging in ongoing oversight of the Executive Branch. Congress has asserted its authority to inquire into a range of matters, including the expenditure of appropriated funds, the activities of state officials, and the operations of the military and post office. The Supreme Court's opinion in Anderson v. Dunn in 1821 marked the first clear acknowledgment of Congress's implied legislative powers.

While Congress's authority to investigate is broad, it is not unlimited. It is tied to its authority to legislate, and thus the limits on its investigative powers are linked to the constraints on its constitutional authority. For instance, Congress cannot investigate the purely private affairs of ordinary citizens or matters that are solely within the purview of the judicial or executive branches. The doctrine of separation of powers further restricts congressional investigations from usurping the powers of other branches of government.

Limits to Congress's investigative powers

Although the Constitution does not expressly authorize Congress to conduct investigations, Congress has long recognized that it has an inherent, constitutional prerogative to do so. This prerogative is tied to its authority to legislate, and as such, Congress's investigative powers are broad but not unlimited.

Congress's investigative powers are limited by the doctrine of separation of powers, which prevents Congress from usurping the power of another branch of government. For example, Congress cannot investigate matters where the means of redress are purely judicial or matters committed to the President's discretion.

Congress also has no general authority to investigate the purely private affairs of ordinary citizens. However, this limitation is nuanced. While Congress cannot investigate the "merely personal or private affairs" of any individual, it can investigate the activities and dealings of private persons if they are connected to property belonging to the US government.

Additionally, a witness appearing before a congressional committee is entitled to require the committee to demonstrate its authority to inquire into their activities and show that the questions asked are pertinent to the committee's area of inquiry.

Finally, while Congress has the power to issue subpoenas, the Fourth Amendment guarantees protection against unreasonable searches and seizures, which applies to congressional committees.

The investigative powers of the House and Senate

The first congressional investigation took place in 1792 when the House of Representatives convened a committee to investigate the defeat of General Arthur St. Clair in the Battle of the Wabash in what was then known as the Northwest Territory (now Ohio). This set an important precedent for Congress's authority to inquire into the activities of state officials and the operations of the military.

Congress's investigative powers are tied to its authority to legislate, and it can investigate almost any matter that can be anchored to its legislative authority. This includes inquiries into the expenditure of appropriated funds, the operations of the post office, and oversight of executive agencies and the federal government. Congress may also investigate issues that may require future legislation, such as steroid abuse in professional sports or the use of weather satellites. These investigatory hearings can help legislators make better policy decisions and are central to the system of checks and balances.

However, there are limits to Congress's investigative powers. The doctrine of separation of powers places restrictions on Congress, preventing it from usurping the power of another branch of government. For example, Congress cannot investigate matters that are purely judicial or committed to the President's discretion. Additionally, Congress has no authority to expose for the sake of exposure, and it cannot investigate the purely private affairs of ordinary citizens.

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The history of Congress's investigatory powers

The US Constitution does not expressly authorize Congress to conduct investigations. However, the legislative body has long recognized that it has an inherent, constitutional prerogative to do so. The constitutional framers assumed that Congress would conduct investigations as the British House of Commons did.

The first congressional investigation occurred in 1792 when the House of Representatives convened a committee to investigate the defeat of General Arthur St. Clair in the Battle of the Wabash in what was then known as the Northwest Territory (now Ohio). The committee was empowered to "call for such persons, papers, and records as may be necessary to assist their inquiries."

Congress's relatively broad understanding of its investigatory powers continued into the nineteenth century, with both the House and Senate engaging in ongoing oversight of the Executive Branch. A variety of inquiries set important precedents, establishing Congress's authority to inquire into the expenditure of appropriated funds, the activities of state officials, and the operations of the military and post office.

Congress also acted swiftly to use federal law and internal rules to strengthen its investigatory powers. In 1798, Congress enacted a statute recognizing its power to obtain evidence through sworn testimony from witnesses. The power to administer oaths was expanded to all standing committee chairmen in 1817. The House and Senate delegated to ad hoc select committees the authority to call for papers or persons as early as the late eighteenth century.

While Congress's authority to investigate is broad, it is not unlimited. Because Congress's authority to investigate is tied to its authority to legislate, limits on congressional investigations are necessarily linked to the limits on Congress's constitutional authority. For example, Congress cannot investigate the private affairs of an ordinary citizen or matters committed to the President's discretion.

The constitutional framers' assumptions about Congress's investigative powers

The constitutional framers assumed that Congress would conduct investigations as the British House of Commons did. James Wilson of Pennsylvania, a future Supreme Court Justice and Convention delegate, wrote in a 1774 essay that members of the Commons were considered "grand inquisitors of the realm". He further added that even the "proudest ministers of the proudest monarchs have trembled at their censures; and have appeared at the bar of the house, to give an account of their conduct, and ask pardon for their faults".

When the U.S. House convened in 1789, it established an early set of select committees, such as Rules and Ways and Means, to structure the legislative process, including investigations. The House used its investigatory privileges in the First Congress (1789–1791). The first session of the First Congress saw the House establish a special committee to investigate Robert Morris's conduct as Superintendent of Finance under the Articles of Confederation.

Congress's relatively broad understanding of its own investigatory powers continued into the nineteenth century as both the House and Senate engaged in ongoing oversight of the Executive Branch. A variety of inquiries set important precedents establishing Congress's authority to inquire into the expenditure of appropriated funds, activities of state officials, and operations of the military and post office.

Congress's authority to investigate is broad, but it is not unlimited. Because Congress’s authority to investigate is tied to its authority to legislate, limits on congressional investigations are necessarily linked to the limits on Congress’s constitutional authority. For example, Congress has no general authority to investigate the purely private affairs of an ordinary citizen. The doctrine of separation of powers also places limits on congressional authority to investigate.

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