How Congress Uses Subpoena Power for Oversight and Investigations

How Congress Uses Subpoena Power for Oversight and Investigations

Congress has the authority to conduct investigations as part of its legislative function, which includes oversight of federal departments and agencies. This allows Congress to gather information to inform potential legislation and conduct oversight of the executive branch. A key tool Congress can use for investigations is the subpoena power.

A subpoena allows Congress to legally compel witnesses to testify or provide documents. Subpoenas are issued by Congressional committees and signed by the committee chair. If a witness refuses to comply, Congress can vote to hold them in contempt of Congress.

Constitutional Basis for Investigations

While the Constitution does not expressly give Congress the power to investigate, the Supreme Court has upheld Congress’ right to conduct investigations as part of its implied powers under Article I. Investigations allow Congress to carry out its legislative duties by gathering necessary information [1].

Two key Supreme Court cases affirmed Congress’ broad investigative powers:

• In McGrain v. Daugherty (1927), the Court held that Congress has the authority to investigate as an essential part of the legislative process [3].
• In Watkins v. United States (1957), the Court recognized Congress’ power to investigate so long as it has a valid legislative purpose [5].

These rulings give Congress broad authority to conduct investigations in support of potential legislation or oversight.

Types of Investigations

Congress primarily uses its investigative powers for:

• Legislative purposes: Investigating an issue to determine if legislation is needed and craft effective laws.
• Oversight: Monitoring federal agencies and programs to ensure they are operating as intended.
• Informing the public: Bringing awareness to issues of national importance.

High-profile examples where Congress used its investigative authority include:

• The Watergate investigation into President Nixon’s administration.
• Investigation of steroid use in Major League Baseball.
• Probes into U.S. intelligence agencies after 9/11.

Congress has significant leeway in determining what to investigate, provided there is a potential legislative purpose behind it.

Subpoena Power

A key tool Congress can use during investigations is the subpoena power. Subpoenas are official requests that compel witnesses to testify or provide documents [6].

Here’s how the subpoena process works:

1. A Congressional committee votes to issue a subpoena for testimony or documents.
2. The committee chair signs the subpoena, which is delivered to the target.
3. The target can comply, negotiate terms of compliance, or refuse to comply with the subpoena.
4. If the target refuses, Congress can vote to hold them in contempt of Congress.

Subpoenas allow Congress to compel information even from unwilling targets. This makes them a powerful investigative tool.

Recent Subpoena Controversies

The broad subpoena power of Congress has led to conflict with recent administrations:

• In 2019, the House Judiciary Committee subpoenaed financial records from President Trump as part of an investigation, leading to a court battle over congressional authority.
• Under President Obama, a House investigation into the “Fast and Furious” gun program led to a contempt vote against Attorney General Eric Holder for failing to release documents.

These cases highlight the tension between Congress’ broad subpoena power and efforts by the executive branch to resist oversight.

Limits on Investigative Power

While Congress has wide authority to investigate, its powers are subject to certain limits:

• Investigations must have a legislative purpose tied to Congress’ lawmaking duties.
• Congress cannot investigate matters under the sole control of the courts or president.
• Investigations cannot violate constitutional rights, like the 5th Amendment right against self-incrimination.
• Subpoenas must be relevant and specific in their requests for information.

However, these limits still leave Congress with broad leeway to investigate and issue subpoenas. The Supreme Court has historically given Congress deference in carrying out investigations.

Debating the Scope of Investigative Power

The extent of Congress’ investigative powers is still debated today. Some key questions include:

• Should Congress be able to issue subpoenas without alleging specific wrongdoing?
• What recourse is there if Congress abuses its subpoena power for political aims?
• How can excessive delays or costs from congressional probes be prevented?

Critics argue Congress has increasingly used its investigative powers for partisan political purposes in recent decades. Supporters counter that oversight is essential to keep the executive branch accountable.

There have been proposals to reform the subpoena process, like requiring a judge to approve subpoenas. But major changes would likely require new legislation, or even constitutional amendments.

Conclusion

Congress’ broad power to investigate through hearings, document requests and subpoenas allows it to effectively legislate and conduct oversight. But this power also creates the potential for partisan abuse and conflict with the president or courts. The appropriate scope of congressional investigations remains a point of contention.

Despite limits, the investigative authority given to Congress by the Constitution ensures it can thoroughly examine issues and compel information when needed. This allows Congress to carry out its duties as a coequal branch of government.

References

1. Overview of Congress’s Investigation and Oversight Powers
2. About Investigations | Historical Overview – U.S. Senate
3. Overview of Congress’s Investigation and Oversight Powers
4. What, Exactly, Does Congress Have the Authority To Investigate?
5. Cases and controversies: Congress, the subpoena power and a “legislative purpose”
6. The Power to Investigate – Table of Authorities of House & Senate 118th Congress