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COURT PROCEEDINGS AND ACTIONS OF VITAL

INTEREST TO THE CONGRESS

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Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

9-581 0

WASHINGTON : 1982

COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas

ROBERT MCCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, Illinois DON EDWARDS, California

HAMILTON FISH, JR., New York JOHN CONYERS, JR., Michigan

M. CALDWELL BUTLER, Virginia JOHN F. SEIBERLING, Ohio

CARLOS J. MOORHEAD, California ROMANO L. MAZZOLI, Kentucky

HENRY J. HYDE, Illinois WILLIAM J. HUGHES, New Jersey

THOMAS N. KINDNESS, Ohio SAM B. HALL, JR., Texas

HAROLD S. SAWYER, Michigan MIKE SYNAR, Oklahoma

DAN LUNGREN, California PATRICIA SCHROEDER, Colorado

F. JAMES SENSENBRENNER, JR., BILLY LEE EVANS, Georgia

Wisconsin DAN GLICKMAN, Kansas

BILL McCOLLUM, Florida
HAROLD WASHINGTON, Illinois

E. CLAY SHAW, JR., Florida
BARNEY FRANK, Massachusetts
GEO. W. CROCKETT, JR., Michigan

ALAN A. PARKER, General Counsel

GARNER J. CLINE, Staff Director
FRANKLIN G. POLK, Associate Counsel

(II)

FOREWORD

I take great pleasure in presenting this most recent edition-current to March 1, 1982—in a series of reports on court proceedings and actions of vital interest to the Congress. In line with our announced plan, this is the fourth such volume published by the House Committee on the Judiciary during the 97th Congress. We intend to continue to update this report on a semi-annual basis during the 98th Congress, with editions current to March 1 and September 1 being released each year. In this manner I believe the Committee will fully carry out the responsibility embodied in 2 U.S.C. § 412(a)(2), which requires the identification of any court proceeding which "is of vital interest to the Congress, or to either House of the Congress, as a constitutionally established institution." This responsibility was assigned to the Committee by the Speaker of the House in 1979.

As in the previous editions of this report published by the Committee, we have utilized a format which hopefully will make the publication a more understandable and useful resource not only for Members of Congress and House and Senate employees, but also for those outside the legislative branch with an interest in litigation involving Congress. For example, the report is organized topically so that a reader can easily locate cases on a variety of subjects. Among the subjects covered are the constitutionality of the legislative veto, challenges to the internal rules of Congress, legislative immunity and the Speech or Debate Clause, civil and criminal liability of Members, and attempts to obtain Congressional documents and testimony by subpoena. Further, case summaries have been provided at the beginning of the report which highlight the most important-and relevant-principles of law involved in each proceeding. While the case discussions in the body of the report recapitulate the filings and key arguments in some detail, these summaries provide a ready reference to the issues, status, and location of each case. Finally, this latest volume once again contains numerous recent court decisions referred to in the text, reprinted in their

The cases discussed in this report involve fundamental and often complex questions concerning the scope of Congressional power, the boundaries of permissible legislative activity, and the relationship between Congress, the Executive, and the Judiciary. Given that, I believe this Committee publication can be of immeasurable value in helping everyone more fully understand the rights and responsibilities of Congress and its Members within our system of government.

PETER W. RODINO, Jr., Chairman, House Committee on the Judiciary.

entirety.

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