Kilbourn v. Thompson

Kilbourn v. Thompson

Infobox SCOTUS case
Litigants = Kilbourn v. Thompson
ArgueDate =
ArgueYear =
DecideDate = February 28
DecideYear = 1881
FullName = Hallet Kilbourn v. John G. Thompson, et al.
USVol = 103
USPage = 168
Citation =
Prior =
Subsequent =
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.
SCOTUS = 1881
Majority = Miller
JoinMajority = "unanimous"
Concurrence =
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Concurrence2 =
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Concurrence/Dissent =
JoinConcurrence/Dissent =
Dissent =
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"Kilbourn v. Thompson", ussc|103|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 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.

ee also

*List of United States Supreme Court cases, volume 103
*"Calder v. Bull", ussc|3|386|1798
*"Anderson v. Dunn", ussc|19|204|1821|6|Wheat.
*"Ex parte Milligan", ussc|71|2|1866
*"Loan Association v. Topeka", ussc|87|655|1875
*"United States v. Cruikshank", ussc|92|542|1876
*"Sinclair v. United States", ussc|279|263|1929
*"United States v. Rumely", ussc|345|41|1953

Further reading

* cite journal | last = McGeary | first = M. Nelson | authorlink = | coauthors = | year = 1948 | month = | title = The Congressional Power of Investigation | journal = Nebraska Law Review | volume = 28 | issue = | pages = 516 | issn = 0047-9209 | url = | accessdate = | quote =
* cite journal | last = Morgan | first = Gerald D. | authorlink = | coauthors = | year = 1949 | month = | title = Congressional Investigations and Judicial Review: "Kilbourn v. Thompson" Revisited | journal = California Law Review | volume = 37 | issue = 4 | pages = 556–574 | doi = 10.2307/3477687 | url = | accessdate = | quote =

External links

* [http://www.ctn.state.ct.us/civics/impeachment/Precedents.htm The road to impeachment] *
* http://www.law.cornell.edu/supct/html/historics/USSC_CR_0103_0168_ZS.html


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