Kilbourn v. Thompson
Encyclopedia
Kilbourn v. Thompson, was a United States Supreme Court
case that dealt with the question whether or not the United States House of Representatives
may compel
testimony
.
Hallet Kilbourn was subpoenaed to testify before a Special Committee established by the House of Representatives to investigate the bankruptcy of Jay Cooke & Company. Though he appeared, he refused to answer any questions and did not tender requested documents. John G. Thompson, Sergeant-At-Arms for the House
, took Kilbourn into custody. Kilbourn continued to refuse to testify and provided no explanation for his refusal. The House resolved that Kilbourn was in contempt and should be held in custody until he agreed to testify and produce the requested documents. The Court found that the House had not the power to punish for contempt. However, House members could not be sued for false imprisonment
as they were exercising their official duties. In addition the Supreme Court established several limits in the scope of investigations, called the "Kilbourn Test".
The Kilbourn Test
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case that dealt with the question whether or not the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
may compel
Compel
To compel one to present information to a jury is done by order of a judge. If a judge believes the individual has information relevant to the cause, he can "force" that person to present that information or be subject to arrest for contempt of court....
testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
.
Hallet Kilbourn was subpoenaed to testify before a Special Committee established by the House of Representatives to investigate the bankruptcy of Jay Cooke & Company. Though he appeared, he refused to answer any questions and did not tender requested documents. John G. Thompson, Sergeant-At-Arms for the House
Sergeant at Arms of the United States House of Representatives
The United States House of Representatives Sergeant at Arms is an officer of the House with law enforcement, protocol, and administrative responsibilities. The Sergeant at Arms is elected at the beginning of each Congress by the membership of the chamber...
, took Kilbourn into custody. Kilbourn continued to refuse to testify and provided no explanation for his refusal. The House resolved that Kilbourn was in contempt and should be held in custody until he agreed to testify and produce the requested documents. The Court found that the House had not the power to punish for contempt. However, House members could not be sued for false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
as they were exercising their official duties. In addition the Supreme Court established several limits in the scope of investigations, called the "Kilbourn Test".
The Kilbourn Test
- (1) Inquiries must not "invade areas constitutionally reserved to the courts or the executive"
- (2) Inquiries must deal "with subjects on which Congress could validly legislate"
- (3) The resolution authorizing the investigation must specify " a congressional interest in legislating on that subject."
- (4) Where the inquiry can result in "no valid legislation," then the "Private affairs of individuals" are not valid targets for inquiry
See also
- List of United States Supreme Court cases, volume 103
- Calder v. BullCalder v. BullCalder v. Bull, 3 U.S. 386 , is a United States Supreme Court case in which the Court examined its authority to review state legislature decisions.-Background:...
, - Anderson v. Dunn,
- Ex parte MilliganEx parte MilliganEx parte Milligan, , was a United States Supreme Court case that ruled that the application of military tribunals to citizens when civilian courts are still operating is unconstitutional. It was also controversial because it was one of the first cases after the end of the American Civil...
, - Loan Association v. Topeka,
- United States v. CruikshankUnited States v. CruikshankUnited States v. Cruikshank, 92 U.S. 542 was an important United States Supreme Court decision in United States constitutional law, one of the earliest to deal with the application of the Bill of Rights to state governments following the adoption of the Fourteenth Amendment.-Background:On Easter...
, - Sinclair v. United States,
- United States v. Rumely,
External links
- The road to impeachment*
- http://www.law.cornell.edu/supct/html/historics/USSC_CR_0103_0168_ZS.html