Power Search
Low Price Guarantee
We Take School POs
A Survey of House and Senate Committee Rules on Subpoenas
Contributor(s): Service, Congressional Research (Author)

View larger image

 ISBN: 1986284727     ISBN-13: 9781986284721
Publisher: Createspace Independent Publishing Platform
OUR PRICE: $8.96  

Binding Type: Paperback
Published: March 2018
* Out of Print *
Additional Information
BISAC Categories:
- Political Science | American Government - Legislative Branch
Physical Information: 0.05" H x 8.5" W x 11" L (0.18 lbs) 24 pages
 
Descriptions, Reviews, Etc.
Publisher Description:
House Rule XI, clause 2(m)(1) and (3) authorizes House committees and subcommittees to issue subpoenas for the attendance of witnesses and the production of documents. Senate Rule XXVI, paragraph 1 authorizes Senate committees and subcommittees to subpoena witnesses and documents. In turn, most House and Senate committees have adopted in their own rules subpoena provisions containing procedures for exercising this grant of power from their parent chamber. Committee rules may cover authorization, issuance, and service of subpoenas; may cover just one or two of these actions; or may be silent on exercise of the subpoena power. A subpoena must be authorized pursuant to committee rules-a decision to approve this legal order to a person to appear or to provide documents. Once authorized, if the committee wishes to take the next step, a subpoena must be issued pursuant to committee rules-signed and given to an individual to deliver the subpoena to the person named in it. To deliver a subpoena to the person named is to serve the subpoena. Most House and Senate committees have specifically included in their rules one or more provisions on committees' and subcommittees' power to authorize subpoenas by majority vote. Most House committees have also delegated to their chair the power to authorize subpoenas. Many of these rules delegating authority also require the chair to consult or notify the committee's ranking minority member. Most Senate committees' subpoena rules delegate to the chair and ranking minority member together the power to authorize subpoenas. In addition to rules on authorizing subpoenas, the rules of most committees in both chambers also address issuing subpoenas. Most House committees' rules delegate authority to issue subpoenas to the chair, and allow another committee member who has been designated by the committee to sign a subpoena. Most Senate committees' rules delegate authority to issue subpoenas to the chair, and allow another committee member designated by the chair to sign a subpoena. Some committees' rules are explicit on procedures for subcommittees to authorize subpoenas; other committees' rules are not explicit. Committees in both chambers have other rules on subpoenas than the prevailing approach in one chamber. Requirements or limitations pertaining to subpoenas may appear in committees' rules, such as conditions placed on a chair's exercise of subpoena authority delegated to the chair or on a ranking minority member's role in authorizing a subpoena. The distinctions among committees' subpoena rules are varied and nuanced. Committees' other procedural rules affect scheduling and conducting meetings to authorize a subpoena. These other rules may deal with the notice for and agenda of a meeting, the quorum to conduct business, and voting.
 
Customer ReviewsSubmit your own review
 
To tell a friend about this book, you must Sign In First!