''Kilbourn v. Thompson'', 103 U.S. 168 (1880), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that dealt with the question whether or not the
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
may
compel testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness.
...
.
Hallet Kilbourn was subpoenaed to testify before a Special Committee established by the House of Representatives to investigate the bankruptcy of
Jay Cooke & Company
Jay Cooke & Company was a U.S. bank that operated from 1861 to 1873. Headquartered in Philadelphia, Pennsylvania, with branches in New York City and Washington, D.C., the bank helped underwrite the Union Civil War effort. It was the first "wire ...
. 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 have the power to punish for contempt. However, House members could not be sued for
false imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...
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
See also
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List of United States Supreme Court cases, volume 103
This is a list of cases reported in volume 103 of ''United States Reports'', decided by the Supreme Court of the United States in 1880 and 1881.
Justices of the Supreme Court at the time of volume 103 U.S.
The Supreme Court is establi ...
*''
Calder v. Bull'',
*''
Ex parte Milligan'',
*''
United States v. Cruikshank'',
Further reading
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External links
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The road to impeachment
United States Constitution Article One case law
United States Supreme Court cases
United States Supreme Court cases of the Waite Court
United States House of Representatives
1880 in United States case law
Speech or Debate Clause case law
Legal tests
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