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Unlock your guides10.2 Investigative powers and limitations
4 min read•july 30, 2024
Congress has broad investigative powers to gather info for legislative purposes. They can issue subpoenas, hold hearings, and compel . But these powers aren't unlimited – they must serve a legit legislative purpose and respect individual rights.
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The Constitution doesn't explicitly grant Congress investigative powers, but they're implied from its legislative powers. Courts have recognized investigations as essential for lawmaking, oversight, and informing the public. But there's often tension between congressional authority and individual rights.
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Scope and Limits of Congressional Investigations
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Broad Investigative Powers for Legislative Purposes
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- Congress has extensive investigative powers to gather information for legislative purposes
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- These powers include issuing subpoenas, holding hearings, and compelling testimony from witnesses
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- Investigations can be used to inform legislation, conduct oversight of the executive branch, and gather information on issues of public concern
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Constitutional Limitations on Investigative Powers
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- Congress's investigative powers are not unlimited and must serve a legitimate legislative purpose
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- Investigations cannot violate the doctrine or infringe upon executive branch functions
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- Individual rights protected by the Bill of Rights, such as due process and the right against self-incrimination, must be respected
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- The Supreme Court has recognized Congress's inherent investigative power but has also placed limits on its scope (Watkins v. United States, 1957)
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Constitutional Basis for Investigations
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Implied Powers Under Article I, Section 8
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- The Constitution does not explicitly grant Congress investigative powers, but they are implied from its legislative powers under Article I, Section 8
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- The Supreme Court has recognized investigations as an essential part of Congress's legislative function (, 1927)
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- Investigations are necessary for effective lawmaking, oversight of the executive branch, and informing the public
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Statutory Authority for Investigations
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- Congress has enacted laws to establish procedures and rules for conducting investigations
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- The Legislative Reorganization Act of 1946 authorized congressional committees to issue subpoenas and take testimony under oath
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- The Congressional Accountability Act of 1995 extended workplace protections to congressional employees and established the Office of Compliance to enforce these protections
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Top images from around the web for Scope and Limits of Congressional Investigations
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Top images from around the web for Scope and Limits of Congressional Investigations
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Congress: How is the legislative branch structured? | United States Government View original
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Congressional Authority vs Individual Rights
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Top images from around the web for Scope and Limits of Congressional Investigations
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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Top images from around the web for Scope and Limits of Congressional Investigations
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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Top images from around the web for Scope and Limits of Congressional Investigations
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The Oversight Function of Congress | Boundless Political Science View original
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Constitutional Protections for Individuals
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Top images from around the web for Scope and Limits of Congressional Investigations
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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- Congressional investigations must respect individual rights guaranteed by the Constitution
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The Oversight Function of Congress | Boundless Political Science View original
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Top images from around the web for Scope and Limits of Congressional Investigations
The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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- The right to due process requires that investigations be conducted fairly and with proper notice
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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Top images from around the web for Scope and Limits of Congressional Investigations
The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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- The Fifth Amendment privilege against self-incrimination allows witnesses to refuse to answer questions that may incriminate them
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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Top images from around the web for Scope and Limits of Congressional Investigations
The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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- The Fourth Amendment protects against unreasonable searches and seizures, limiting Congress's ability to demand personal documents or information
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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Top images from around the web for Scope and Limits of Congressional Investigations
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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Top images from around the web for Scope and Limits of Congressional Investigations
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Top images from around the web for Scope and Limits of Congressional Investigations
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Congress: How is the legislative branch structured? | United States Government View original
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Balancing Tests and Qualified Privileges
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The Oversight Function of Congress | Boundless Political Science View original
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- The Supreme Court has recognized a qualified First Amendment privilege for journalists to protect confidential sources, subject to a balancing test (Branzburg v. Hayes, 1972)
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Top images from around the web for Scope and Limits of Congressional Investigations
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- Congress's power to issue subpoenas and compel testimony must be balanced against an individual's constitutional rights
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Top images from around the web for Scope and Limits of Congressional Investigations
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Congress: How is the legislative branch structured? | United States Government View original
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- In some cases, Congress may grant immunity to witnesses to compel their testimony, but this requires a two-thirds vote of the committee and approval by a federal district court
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Top images from around the web for Scope and Limits of Congressional Investigations
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Executive Privilege and Investigations
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Concept and Basis of Executive Privilege
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Congress: How is the legislative branch structured? | United States Government View original
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- is the power claimed by the President and other executive branch officials to withhold certain information from Congress and the public
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The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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- The concept is based on the separation of powers doctrine and the need for confidentiality in executive branch decision-making
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Congress: How is the legislative branch structured? | United States Government View original
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- Presidents have invoked executive privilege to resist congressional subpoenas and requests for information
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Congress: How is the legislative branch structured? | United States Government View original
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Conflicts Between Congress and the Executive Branch
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- Executive privilege disputes have led to conflicts between Congress and the executive branch
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- Notable examples include the , the , and the House Judiciary Committee's investigation of the Trump administration
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- These conflicts often result in legal battles and can be resolved through negotiations, accommodations, or court decisions
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Supreme Court Rulings on Executive Privilege
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- The Supreme Court has recognized a qualified executive privilege but has held that it is not absolute (, 1974)
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The Oversight Function of Congress | Boundless Political Science View original
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- Executive privilege may yield to other competing interests, such as a criminal investigation or a compelling need for information by Congress
Top images from around the web for Scope and Limits of Congressional Investigations
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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Top images from around the web for Scope and Limits of Congressional Investigations
The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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The Oversight Function of Congress | Boundless Political Science View original
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The Oversight Function of Congress | Boundless Political Science View original
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Congress: How is the legislative branch structured? | United States Government View original
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- The Court has emphasized the importance of balancing the interests of the executive and legislative branches and encouraging negotiations to resolve disputes
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