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The Supreme Court affirmed in Watkins v.United States (1957) that "[the] power of the Congress to conduct investigations is inherent in the legislative process" and that "[it] is unquestionably the duty of all citizens to cooperate with the Congress in its efforts to obtain the facts needed for intelligent legislative action.
However, if a person will not come by invitation alone, a committee or subcommittee may require an appearance through the issuance of a subpoena (Rule XXVI, paragraph 1). Committees also may subpoena correspondence, books, papers, and other documents. Subpoenas are issued infrequently, and most often in the course of investigative hearings.
A subpoena (/ s ə ˈ p iː. n ə /; [1] also subpœna, supenna or subpena [2]) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:
When the U.S. Supreme Court handed down its ruling in the 1832 case Worcester v. Georgia, so the story goes, President Andrew Jackson responded by declaring that "[Chief Justice] John Marshall has ...
"A court of the United States may not grant an injunction to stay proceedings in a state court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments." [1] The Act was originally enacted as part of the Judiciary Act of 1793. The current Act was enacted in 1948.
In April 2019, the House Judiciary Committee subpoenaed McGahn to testify before Congress about potential obstruction of justice on the part of the Trump administration. The administration directed McGahn to ignore the subpoena, claiming that he was "absolutely immune" from compelled congressional testimony. [2]
Jackson v. Indiana, 406 U.S. 715 (1972), was a landmark decision of the United States Supreme Court that determined a U.S. state violated due process by involuntarily committing a criminal defendant for an indefinite period of time solely on the basis of his permanent incompetency to stand trial on the charges filed against him.
Congress's ability to subpoena the president's tax returns was the subject of the federal court case Trump v. Mazars USA, LLP. However, the Supreme Court ruled in 2020 that this case raised questions of separation of powers rather than executive privilege. It said Congress needed a legislative reason to request the documents rather than ...