Page:Impeachment of Donald J. Trump, President of the United States — Report of the Committee on the Judiciary, House of Representatives.pdf/151

 effectively." Presidential obstruction of legislative subpoenas thus undermines Congress's constitutional function, offends the separation of powers, and effectively places the President above the law.

B.The House's Power to Investigate Grounds for Impeachment

In light of the impeachment power's central role in our system of checks and balances, the House's investigative authority is at its peak during an impeachment inquiry. All three branches of the federal government have repeatedly confirmed this point.

When the Framers authorized the House to impeach Presidents, they necessarily empowered it to obtain and examine evidence deemed necessary to the exercise of that constitutional responsibility. This understanding follows directly from the Constitutional Convention. There, several delegates opposed including an impeachment power in the Constitution. They warned that it would be "destructive of [the executive's] independence." The majority of delegates agreed that allowing impeachment would affect the separation of powers—but welcomed that result. As George Mason declared, "[n]o point is of more importance than that the right of impeachment should be continued." Alexander Hamilton, in turn, later observed that "the powers relating to impeachments" are "an essential check in the hands of [Congress] upon the encroachments of the executive." Many Americans in this period agreed that impeachment played an important role; it would keep Presidents in line and protect the Nation from abuse, betrayal, or corruption. Thus, even as the Constitution created a powerful presidency, it included a safety valve for emergencies.

Yet the impeachment power could not serve that role if the House were unable to investigate the facts necessary to make an informed impeachment determination, or if the President could liberally obstruct such efforts. This was recognized early on. In 1796, the House requested that President George Washington provide it with sensitive diplomatic materials relating to the Jay Treaty. President Washington famously declined this request on the ground that it exceeded the House's role and intruded upon his executive functions. But in that same letter, President Washington agreed that impeachment would change his calculus: "It does not occur that the inspection of the papers asked for can be relative to any purpose under the cognizance of the House of Representatives, except that of an impeachment, which the resolution has not expressed." In the ensuing House debates, one Member noted that President Washington had "admitted, by implication, that where the House expresses an intention to impeach, the right to demand from the Executive all papers and information in his possession belongs