United States House Committee on the Judiciary

Committee information

• Date created: June 6, 1813
• Members: Forty members in the 115th Congress (2017–2019)
• Subcommittees: Courts, Intellectual Property, and the Internet; Constitution and Civil Justice; Crime, Terrorism, Homeland Security, and Investigations; Immigration and Border Security; and Regulatory Reform, Commercial and Antitrust Law

Role

The House Committee on the Judiciary is responsible for overseeing the administration of justice within the federal courts, administrative bodies, and federal law enforcement agencies. It is also responsible for carrying out the impeachment of federal officials. Originally created to deliberate legislation related to judicial proceedings, the House Committee on the Judiciary’s responsibilities gradually expanded over time to include a diverse array of issues ranging from bankruptcy, the protection of civil liberties, immigration, antitrust laws, terrorism, and intellectual property rights. While it is customary for members of the House Committee on the Judiciary to have a legal background, such experience is not necessarily required. Given the substantial nature of its agenda and the power it wields over legal issues, the House Committee on the Judiciary is one of the most politically influential bodies within the US Congress.

The two houses of the US Congress—the House of Representatives and the Senate—are each subdivided into smaller committees. Each of these committees is assigned to oversee certain areas and carry out specific duties. All are tasked with investigating, reviewing, and voting on legislation related to their particular area of focus. Ultimately, each committee makes recommendations and brings any issues at hand to a full vote before the House or Senate at large. Congressional committees can also be internally divided into separate subcommittees responsible for dealing with specific concerns within the realm of the committee’s broader mandate. First established in the inaugural Congress, these committees were initially conceived as temporary bodies that would eventually be dissolved. Over time, however, such committees not only became permanent, but also grew in number. To prevent the committee system from expanding out of control, a series of reforms designed to reduce the number of committees and establish rules for the maximum allowable number of subcommittees were adopted during the twentieth century.

As of the 115th Congress, the House had twenty-one permanent committees and the Senate had sixteen. Together, the two houses of Congress boast more than two hundred committees and subcommittees. In the House, special rules limit each committee to a total of five subcommittees. However, these rules also allow for the creation of an oversight subcommittee that functions in a supervisory capacity. A few House committees such as the Appropriations Committee and the Armed Services Committee are also allowed to exceed the maximum number of subcommittees. The Senate has no standing restrictions on the number of subcommittees allotted to each committee.

There are three types of Congressional committees: standing, select, and joint. Standing congressional committees are permanent committees whose jurisdiction is specifically defined in the House Rules. They are granted the legislative authority to deliberate on bills and other measures and submit them to the full chamber for further consideration. Standing committees are also granted oversight of any federal agencies or programs that fall under their jurisdiction. Most standing committees are additionally charged with making funding recommendations for their associated agencies and programs. The House Committee of the Judiciary is considered a standing committee.

Select committees are special panels created through congressional resolution. Select committees are typically formed to conduct investigations or consider matters that do not clearly fall within the jurisdiction of any existing standing committees. Such committees are often exploratory in nature and usually restrict their activities to simply studying the issue at hand. Some select committees consider legislative action, however. In any event, select committees are temporary and only exist until their mandate is allowed to expire. In rare instances, select committees can evolve into standing committees.

Joint committees are composed of members selected from both the House and Senate. Joint committees generally focus on studying a particular issue or carrying out various congressional “housekeeping” duties. Such committees rarely consider legislative action.

History

Counted among the House of Representatives’ oldest standing committees, the House Committee on the Judiciary was founded on June 6, 1813, to consider matters related to judicial proceedings. In the years following its creation, many subjects were referred to the committee. As a result, the House Committee of the Judiciary’s jurisdiction became remarkably widespread and diverse. That being said, the committee has not always held exclusive jurisdiction over all judiciary matters. On numerous occasions, separate committees have been created to consider specific judiciary issues outside the direct purview of the House Committee of the Judiciary. Some of these included the Freedman’s Affairs Committee, Women’s Suffrage Committee, and Alcoholic Liquor Traffic Committee. Once the work of such committees was completed, they were disbanded and their jurisdiction was returned to the House Committee of the Judiciary.

The most important aspect of the House Committee of the Judiciary’s jurisdiction is the key role it plays in executing the House of Representatives’ responsibilities in relation to the impeachment of federal officials. Although used infrequently, impeachment is the strongest weapon Congress has at its disposal when carrying out its duty to check the political authority of the executive and judicial branches of government. Throughout its history, the House Committee of the Judiciary has conducted impeachment investigations into judges, members of Congress, cabinet members, and presidents. Of particular note is the committee’s involvement in the impeachment proceedings brought against former presidents Andrew Johnson and Bill Clinton. The House Committee of the Judiciary conducted a thorough investigation of President Andrew Johnson’s conduct in 1867 and drafted a recommendation for impeachment that was rejected by the House. Although a subsequent investigation and recommendation to impeach from the Committee on Reconstruction led to articles of impeachment against Johnson that were adopted by the House, he was ultimately acquitted by the Senate and never removed from office. A similar fate befell President Bill Clinton in the late 1990s. While the House Committee of the Judiciary investigated Clinton and issued several articles of impeachment that were approved by the House, the president was again acquitted by the Senate and remained in office.

Outside of impeachment, the specific responsibilities of the House Committee of the Judiciary are quite varied and have evolved considerably over time. Some of these responsibilities include the oversight of federal statutes on bankruptcy, claims against the federal government, counterfeiting, espionage, immigration, international law, monopolistic practices and illegal restraints upon trade, mutiny, refugees, and revision and codification of federal law. The committee is also responsible for the apportionment of representation in the House, setting the congressional calendar, establishing state and federal boundary lines, the consideration of constitutional amendments, overseeing measures related to civil liberties legislation, presidential succession, federal prisons, patents, and trademarks. One of the most rarely executed responsibilities of the House Committee of the Judiciary is to oversee the confirmation of vice presidents according to the provisions of the Twenty-fifth Amendment as it did twice in the 1970s with Vice President Gerald Ford and Vice President Nelson Rockefeller.

Subcommittees

During the 115th Congress, which was in session from January 2017 to January 2019, the House Committee of the Judiciary consisted of forty members—twenty-three Republicans and seventeen Democrats. The total number of committee members varies with each session of Congress. In addition, the ratio of Democrats to Republicans within the committee is determined based on which party holds the House majority. As of 2019, the House Committee on the Judiciary had five permanent subcommittees: Courts, Intellectual Property, and the Internet; Constitution and Civil Justice; Crime, Terrorism, Homeland Security, and Investigations; Immigration and Border Security; and Regulatory Reform, Commercial and Antitrust Law.

United States House Committee on Courts, Intellectual Property, and the Internet

This subcommittee oversees legislation pertaining to the administration of federal courts, the Federal Rules of Evidence, civil and appellate procedure, judicial ethics, patents, trademark law, and technology. During the course of its existence, the subcommittee has considered legislation on such matters as adding a 12th circuit to the federal court system, requiring the Federal Bureau of Investigation (FBI) to create an online piracy deterrence program, and establishing a patent and trademark fee to generate additional revenue for the US Patent and Trademark Office.

The historical roots of this subcommittee can be traced back to the Committee on Patents and the Committee on Revision of Law, both previous House committees that were consolidated into the Judiciary Committee through the 1946 Legislative Reorganization Act. For the most part, the subcommittee evolved into its modern form during the tenure of New York representative Emanuel Celler, who served as its chairperson from 1949 to 1973. Since Celler surrendered the chair in 1973, the organization and objectives of the subcommittee have remained relatively unchanged.

United States House Committee on Constitution and Civil Justice

This subcommittee holds jurisdiction over legislation relating to the US Constitution, constitutional amendments, and constitutional rights. It also oversees federal civil rights, claims against the United States, non-immigration private claims bills, ethics in government, tort liability, and legal reform. The contemporary version of the committee arose from the Subcommittee on Civil and Constitutional Rights that originated with the 97th Congress in 1981. Since its creation, the subcommittee has held hearings on such matters as proposals for a line item veto, the impact and effectiveness of the Voting Rights Act, and the operations of the Department of Justice Civil Rights Division.

United States House Committee on Crime, Terrorism, Homeland Security, and Investigations

This subcommittee is tasked with overseeing legislation pertaining to the Federal Criminal Code, drug enforcement, sentencing, parole, pardons, internal and homeland security, the Federal Rules of Criminal Procedure, prisons, and criminal law enforcement. Its genesis dates back to the creation of the Subcommittee on Crime in 1973. During the 96th Congress (1979–1981), the subcommittee was granted jurisdiction over criminal law enforcement of the Controlled Substances Act and oversight of the Drug Enforcement Administration (DEA). The committee subsequently assumed jurisdiction over new federal crimes during the 97th Congress (1981–1983) and pre-trial services, prisons, and Racketeer Influenced and Corrupt Organizations Act (RICO) statutes. Terrorism was added to the subcommittee’s jurisdiction following the September 11, 2001, terrorist attacks during the 107th Congress (2001–2003). Over time, the subcommittee has considered legislative measures designed to deter gang violence, ensure safe access to drug treatment, and stop the counterfeiting of manufactured goods.

United States House Committee on Immigration and Border Security

This subcommittee holds jurisdiction over immigration and naturalization, border security, the admission of refugees, treaties, conventions and international agreements, claims against the United States, federal charters of incorporation, private immigration and claims bills, and non-border enforcement. Much of this committee’s jurisdiction was granted to the House Committee of the Judiciary through the 1946 Legislative Reorganization Act. Previously, it was divided between other committees, including the now defunct Committee on Immigration and Naturalization. The subcommittee has been known by a variety of names throughout its history, including the Subcommittee on Immigration, Citizenship and International Law and the Subcommittee on Immigration, Refugees and International Law. Since taking its modern form, the subcommittee has held hearings on such issues as local law enforcement and violence along the southern border, immigration removal procedures put into place following the September 11, 2001, terrorist attacks, and the question of raising the H-1B visa cap.

United States House Committee on Regulatory Reform, Commercial and Antitrust Law

This subcommittee is tasked with overseeing legislation relating to bankruptcy judgeships, administrative law, independent counsel, state taxation affecting interstate commerce, interstate compacts, and antitrust matters. It was first created as the Subcommittee on Monopolies and Commercial Law in 1973. At the time, its jurisdiction was limited to antitrust matters, monopolies, judgeships, and the oversight of the Justice Department’s Antitrust Division. In 1981, the subcommittee was granted jurisdiction over bankruptcy. Its jurisdiction was subsequently extended to include administrative law, state taxation affecting interstate commerce, and interstate compacts during the 104th Congress (1995–1997). The subcommittee’s jurisdiction expanded again during the 109th Congress (2005–2007) to include bankruptcy and commercial law, bankruptcy judgeships, administrative law, independent counsel, state taxation affecting interstate commerce, and interstate compacts. Over the course of its history, the subcommittee has considered legislation designed to reform the bankruptcy system, prevent certain types of state and local taxation of interstate natural gas pipeline property, and clarify the treatment of self-employment with respect to state retirement taxation.

Bibliography

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