Kilbourn v. Thompson

Supreme Court of the United States

Decided February 28, 1881

Full case name

Hallet Kilbourn v. John G. Thompson, et al.

Citations

Holding

The plea set up by those of the defendants who were members of the House is a good defence, and the judgment of the court overruling the demurrer to it and giving judgment for those defendants will be affirmed. As to Thompson, the judgment reversed and the case remanded for further proceedings.

Court membership

Chief Justice Morrison Waite

Associate Justices Nathan Clifford · Samuel F. Miller Stephen J. Field · Joseph P. Bradley Ward Hunt · John M. Harlan William B. Woods · T. Stanley Matthews

Case opinions

Majority

Miller, joined by unanimous

Kilbourn v. Thompson, 103 U.S. 168 (1880) 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 did not have the power to punish for contempt. However, House members could not be sued for false imprisonment as they were exercising their official duties and protected by the Speech and Debate Clause, Art. I, § 6, cl. 1. 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

External links

Wikisource has original text related to this article:

Kilbourn v. Thompson

United States Congress

Members and leaders

Members

Current	By length of service Freshmen Youngest members Resident Commissioner of Puerto Rico Delegates Longest-serving members ever

Senate	Current by seniority by age Dean of the Senate Former senators Living Earliest serving Earliest living Expelled or censured Classes Born outside the U.S.

House	Current by seniority Dean of the House Former representatives Living Oldest living Earliest serving Expelled, censured, and reprimanded Deaths by year

Leaders

Senate	President (list) President pro tempore (list) Majority and minority leaders Assistant party leaders Democratic Caucus (Chair Secretary Policy Committee Chair) Republican Conference (Chair Vice-Chair Policy Committee Chair)

House	Speaker Leaders Bipartisan Legal Advisory Group Democratic Caucus Republican Conference

Districts

Caucuses,
women and
minorities

Powers, privileges, procedure, committees, history, and media

Powers	Article I Copyright Commerce (Dormant) Contempt of Congress Declaration of war Impeachment Naturalization "Necessary and Proper" Power of enforcement Taxing/spending

Privileges and benefits	Salaries Franking Immunity

Procedure	Act of Congress (list) Appropriation bill Blue slip Budget resolution Censure Closed sessions House Senate Cloture Concurrent resolution Continuing resolution Dear colleague letter Discharge petition Engrossed bill Enrolled bill Expulsion Joint resolution Joint session (list) Lame-duck session Majority of the majority (Hastert Rule) Multiple referral Procedures (House) Quorum call Reconciliation Rider Saxbe fix Sponsorship Suspension of the rules Unanimous consent Veto Line-item veto Pocket veto Veto override

Senate-specific	Advice and consent Classes Executive communication Executive session Filibuster Jefferson's Manual Senate Journal Morning business Nuclear option Presiding Officer Recess appointment Reconciliation Riddick's Senate Procedure Senate hold Senatorial courtesy Seniority Standing Rules Tie-breaking votes Traditions Treaty Clause

Committees	Chairman and ranking member Of the Whole Conference Discharge petition Hearings Markup Oversight List (Joint) List (House) List (Senate) Select and special Standing Subcommittees

Items	Gavels Mace of the House Seal of the Senate

History	Biographical Directory Divided government House Gerrymandering Party control Senate Senate election disputes Senatorial memoirs Representative memoirs

Media	C-SPAN Congressional Quarterly The Hill Politico Roll Call

Offices, employees, services, and the Capitol Complex

Legislative
offices

Offices

Senate	Curator Historical Library

House	Congressional Ethics Emergency Planning, Preparedness, and Operations Interparliamentary Affairs Legislative Counsel Law Revision Counsel Library

Employees

Senate	Secretary Chaplain Curator Inspector General Historian Librarian Pages Parliamentarian Sergeant at Arms and Doorkeeper

House	Chaplain Chief Administrative Officer Clerk Doorkeeper Floor Operations Floor Services Chief Historian Pages (Page Board) Parliamentarian Postmaster Reading Clerk Sergeant at Arms

Library of
Congress

Government
Publishing Office

Capitol

Office
buildings

Senate	Dirksen Hart Mountains and Clouds Russell

House	Building Commission Cannon Ford Longworth O'Neill Rayburn

Other
facilities

Websites: House of Representatives; Senate

This article is issued from Wikipedia - version of the 3/23/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.

Kilbourn v. Thompson

The Kilbourn Test

See also

Further reading

External links