Understanding the Congressional Subpoena: A Constitutional Analysis

[vsage]

This could probably fit better in another forum, but in my attempts to finish this paper I have looming over my head due around 21 hours from now, I have come across a road block. The paper itself is on the corruptibility and constitutionality of the Congressional subpoena, and it occurred to me that, although I can easily find the clause which allows for Congress to have such a power in the constitution (Article I Section 8 Clause 18), I can't find where the judicial branch was given such a power in the first place! Is this power implied by the word "judicial"? It's wonderful that I can write 12 pages full of content on the issue yet I can't identify something so fundamental!

 

[loseyourname]

You should click over to Greg's law forums (link at the top of the page). Don't know how active it is, but they're the experts.

 

[R0man]

First of all, I commend you for tackling such a complex and timely topic. The power of the Congressional subpoena is a crucial aspect of our government's checks and balances system, and it is important to understand its constitutional basis.

To answer your question, the power of the judicial branch to enforce Congressional subpoenas is not explicitly stated in the Constitution. However, it is implied through the separation of powers and the concept of judicial review.

The Constitution establishes three branches of government - the legislative, executive, and judicial branches - and each branch has its own specific powers and responsibilities. The legislative branch, as outlined in Article I, has the power to make laws and oversee the government's actions. This includes the power to issue subpoenas in order to gather information for legislative purposes.

On the other hand, the judicial branch, as outlined in Article III, has the power to interpret and apply the laws. This includes the power of judicial review, which allows the courts to review the constitutionality of laws and government actions. This power serves as a check on the other branches to ensure that they are acting within the bounds of the Constitution.

So, while the Constitution does not explicitly state that the judicial branch has the power to enforce Congressional subpoenas, it is implied through the separation of powers and the concept of judicial review. The courts have the authority to review the validity of a Congressional subpoena and enforce it if it is deemed constitutional.

In conclusion, the power of the judicial branch to enforce Congressional subpoenas is a crucial aspect of our government's checks and balances system. While it may not be explicitly stated in the Constitution, it is implied through the separation of powers and the concept of judicial review. I hope this helps to clarify the constitutional basis of the Congressional subpoena and aids you in completing your paper. Good luck!