Introduction

This guide is designed to introduce researchers to the chief sources of information related to Congressional investigations. While much of this material is contained within the standard sources of legislative history (such as committee hearings and reports), this guide should help researchers navigate these and other documents more efficiently. This guide focuses on researching investigations in general, however, some materials relate to specific impeachments and other notable investigations throughout U.S. history.

Introductory Resources

The following are some general secondary sources which discuss the law and practice of congressional investigations. They are excellent places to begin your research, especially if you are new to this area of law.

• Congress Investigates : A Documented History, 1792-1974 (1975), JK1123.A2 S34
  
  
• Congressional Investigations : Law and Practice (1988), KF4942 .G73 1988
  
  
• Guide to Congress JK1021 .C565 2008
  This two-volume guide provides detailed entries on Congress, its history, and inner workings. Chapter six is devoted to Congressional investigations and includes a selected bibliography.
  
  
• Matthew Mantel, Congressional Investigations: A Bibliography, 100 Law Libr. J. 323 (2008)

Primary Law Sources

Cases

There is a body of Supreme Court case law that supports and defines the authority of Congress to conduct investigations. A few of the most significant are listed below.

• Barenblatt v. United States, 360 U.S. 109 (1959)
• Eastland v. United States Servicemen's Fund, 421 U.S. 491 (1975)
• Hutcheson v. United States, 369 U.S. 599 (1962)
• McGrain v. Daugherty, 273 U.S. 135 (1927)
• Quinn v. United States, 349 U.S. 155 (1955)
• United States v. Nixon, 418 U.S. 683 (1974)
  
• Watkins v. United States, 354 U.S. 178 (1957)
• Yellin v. United States, 374 U.S. 109 (1963)

To find additional cases, researchers should be sure to use the relevant classifications in both the West Topic and Key Number System and in the Lexis Topic and Headnotes. They are provided below for reference.

• West Topic & Key Number System: 393k23 United States --- Government in General --- Congressional Investigations, Commissions and Committees
  
  
• Lexis Topic or Headnote: Governments > Federal Government > U.S. Congress
  

Legislative History

As noted in the introduction to this guide, most of the primary sources dealing with Congressional investigations will be published as part of the material we usually refer to as legislative history. While Congressional investigations are often related to specific pieces of legislation, many are conducted as part of Congress's oversight authority over the executive branch. As a result, not all of the documents that are part of an investigation are associated with a specific bill or law. This makes finding these documents more challenging, as researchers must use information other than public law or bill numbers to find related documents.

Committee Hearings

Virtually all Congressional investigations will involve hearings at some point, and transcripts of these hearings are published individually. The two best sources for finding hearings related to a specific investigation are listed below. For more sources of hearings, refer to our Legislative History Research Guide.

• ProQuest Congressional (formerly Lexis-Nexis Congressional)
  This database has full-text hearings from approximately 1963 to present. Select the "Hearings" button only, and make sure to select the appropriate year or Congress at the bottom of the page. You can search for hearings by full-text keyword, title of the hearing, subject, witness, and witness affiliation.
  
  
• GULLiver Catalog
  The Law Library has selected individual hearing transcripts in both paper and microform. Search for them in the GULLiver catalog by the title of the hearing, name of the committee, or the subject of the investigation.

Committee Reports

Committees charged with investigating a particular matter may issue a report to the full chamber describing their findings. Again, these reports may or may not be affiliated with a particular piece of legislation. ProQuest Congressional provides the most comprehensive collection of reports. For more sources of reports, refer to our Legislative History Research Guide.

• ProQuest Congressional (formerly Lexis-Nexis Congressional)
  Search in "Serial Set" for full text 1789-2003. Make sure to select the appropriate year or Congress at the bottom of the page. Search in "House & Senate Reports" for full text from 1990-present. Make sure the select the appropriate year or Congress at the bottom of the page.

Bills & Resolutions

House and Senate bills and resolutions often result from, or are otherwise related to, Congressional investigations. Generally, they are available online from 1989 to the present. Earlier bills are available on microfiche. Please consult our Legislative History Research Guide for links and call numbers for specific sources of bills and resolutions.

Rules of the House and Senate

Both chambers employ a set of rules which govern their proceedings, including investigations. Below are print and electronic sources for the full text of the rules.

• Constitution, Jefferson's Manual, and Rules of the House of Representatives of the United States (KF4992 .U54)
  • Online version of the Rules for the current Congress (from the House of Representatives)
• Senate Manual Containing the Standing Rules, Orders, Laws, and Resolutions Affecting the Business of the United States Senate (KF4982 .U48)
  • Online version of the Standing Rules (from the Senate)

In addition to the rules themselves, both chambers have recorded and published past rulings which serve as precedents in applying the rules. The House precedents have been published under several different titles. All titles are listed below with their corresponding dates.

House Precedents

1789-1907
Hinds' Precedents of the House of Representatives (KF4992 .H5)
Electronic version
Online version (from GPO Access)

1908-1935
Cannon's Precedents of the House of Representatives (KF4992 .H62)
Electronic version
Online version (from GPO Access)

1936-1974
Deschler's Precedents of the United States House of Representatives (KF4992 .D486)
Online version (from GPO Access)
Online version (from FDsys)

1975-Current
Deschler-Brown Precedents of the United States House of Representatives (KF4992 .D486)
Online version (from GPO Access)
Note: The print publication ceased in 2002. More recent volumes are available online only.

Senate Precedents

Riddick's Senate Procedure : Precedents and Practices (KF4982 .U56 1992)
Online version (from FDsys)
Note: Last revised in 1992.

Secondary Sources

Books

• Congressional Investigations of the Department of Justice, 1920-2007 : History, Law, and Practice (2008), KF5107 .R67 2008
  
  
• Congressional Oversight Investigations (1984), KF5422.Z9 C62 1984
  
  
• The Developments Of Congressional Investigative Power (1940), JK1123.A2 M3 1940
  
  
• Government By Investigation (1955), KF4942 .B3
  
  
• Grand Inquest: The Story of Congressional Investigations (1955), KF4942 .T3 1955
  
  
• Historical Encyclopedia Of U.S. Independent Counsel Investigations (2000), KF5107.5 .H57 2000 and electronic
  
  
• The Politics of Executive Privilege (2004), JK468.S4 F57 2004
  
  
• The Power to Probe : A Study Of Congressional Investigations (1976), KF4942 .H34 1976

Journal Articles

This section lists some significant academic articles written about various aspects of Congressional investigations. Keep in mind that this is only a small number of the articles written on the subject. To find more, please refer to our research guides on finding academic articles (there is a section on "Public Policy & Legislative" sources) and newspaper articles.

• George B. Galloway, The Investigative Function of Congress, 21 Am. Pol. Sci. Rev. 47 (1927)
  
  
• James M. Landis, Constitutional Limitations on the Congressional Power of Investigation, 40 Harv. L. Rev. 153 (1926-1927)
  
  
• William P. Marshall, The Limits on Congress's Authority to Investigate the President, 2004 U. Ill. L. Rev. 781 (2004)
  
  
• Will Maslow, Fair Procedure in Congressional Investigations: A Proposed Code, 54 Colum. L. Rev. 839 (1954)
  
  
• M. Nelson McGeary, Congressional Investigations: Historical Development, 18 U. Chi. L. Rev. 425 (1951)
  
  
• Allen B. Moreland, Congressional Investigations and Private Persons, 40 S. Cal. L. Rev. 189 (1966-1967)
  
  
• Note, Congressional Investigations and the Role of Privilege, 43 Am. Crim. L. Rev. 165 (2006)
  
  
• Martin Shapiro, Judicial Review: Political Reality and Legislative Purpose: The Supreme Court's Supervision of Congressional Investigations,15 Vand. L. Rev. 535 (1961-1962)
  
  
• Marvin Summers, The First Amendment as a Restraint on the Power of Congress to Investigate, 43 Marquette L. Rev. 459 (1959-1960)
  
  
• The 1992-93 Staff of the Legislative Reference Bureau, An Overview of Congressional Investigation of the Executive: Procedures, Devices, and Limitations of Congressional Investigative Power, 1 Syracuse J. Legis. & Pol'y. 1 (1995)
  
  
• Howard R. Sklamberg, Investigation Versus Prosecution: The Constitutional Limits on Congress's Power to Immunize Witnesses, 78 N.C. L. Rev. 153 (1999-2000)
  
  
• William C. Warren, Congressional Investigations: Some Observations, 21 Food, Drug, Cosm. L.J. 40 (1966)
  
  
• Irving Younger, Congressional Investigations and Executive Secrecy: A Study in the Separation of Powers, 20 U. Pitt. L. Rev. 755 (1958-1959)
  

CRS Reports

The Congressional Research Service (CRS) is the research and analysis arm of the U.S. Congress. CRS has written several reports that discuss the history, procedures, and legality of Congressional investigations, several of which are listed below.

The CRS also sometimes writes reports on specific investigations. The best way to find those reports is to search the ProQuest Congressional database. Choose "Advanced Search" and then make sure only the "CRS Reports" option is selected under "Search within."

• Congress's Contempt Power: Law, History, Practice, And Procedure (CRS Report, July 24, 2007)
  
  
• Congressional Access to Executive Branch Information: Legislative Tools (CRS Report, May 17, 2001)
  
  
• Congressional Investigations: Subpoenas and Contempt Power (CRS Report, April 2, 2003)
  
  
• House Committee Hearings: Arranging Witnesses (CRS Report for Congress Mar. 15, 2001)

• Independent Investigations Of Allegations Of Wrongdoing By Members Of Congress (CRS Report, July 6, 1988)
  • Available on microfilm
    
    
• Investigative Oversight: An Introduction To The Law, Practice, And Procedure Of Congressional Inquiry (CRS Report , Apr. 7, 1995)
  
  
• Presidential Advisors' Testimony Before Congressional Committees: An Overview (CRS Report, Apr. 10, 2007)
  
  
• Presidential Claims of Executive Privilege: History, Law, Practice, and Recent Developments (CRS Report, August 21, 2008)
  
  
• Staff Depositions in Congressional Investigations (CRS Report, December 3, 1999)

Created 09/2009 (TV)
Last updated 05/20/2013 (TV)