House Committee on the Judiciary -- http://www.house.gov/judiciary

Welcome to PMC!

This background paper should serve as the starting point for your individual research of a specific policy topic. Here you will find information on your committee's jurisdiction, subcommittees, and current hot topics.  However, do not stop here - keep your eye on news events, check out government websites, search the internet for interesting topics that fall within this committee's scope, and above all -- think about important and relevant legislative issues that matter to you.   We look forward to reading your bill and to hearing a thoughtful debate on its merits at the conference.  Please remember to research the facts that drive your bill in order to solidify your arguments. Use the links on the Delegate Start Page to help you in this endeavor.  After your bill is submitted, review some of the other topics your committee is currently tackling in order to form opinions on issues engaged by the bills of your fellow delegates. 

 

We look forward to seeing you this year at the conference and good luck!

 

House Committee on the Judiciary

 

JURISDICTION:

 

The Judiciary Committee has jurisdiction over the following:

 

(1) The judiciary and judicial proceedings, civil and criminal.

(2) Administrative practice and procedure.

(3) Apportionment of Representatives.

(4) Bankruptcy, mutiny, espionage, and counterfeiting.

(5) Civil liberties.

(6) Constitutional amendments.

(7) Federal courts and judges, and local courts in the Territories and possessions.

(8) Immigration and naturalization.

(9) Interstate compacts generally.

(10) Claims against the United States.

(11) Meetings of Congress; attendance of Members, Delegates, and the Resident Commissioner; and their acceptance of incompatible offices.

(12) National penitentiaries.

(13) Patents, the Patent and Trademark Office, copyrights, and trademarks.

(14) Presidential succession.

(15) Protection of trade and commerce against unlawful restraints and monopolies.

(16) Revision and codification of the Statutes of the United States.

(17) State and territorial boundary lines.

(18) Subversive activities affecting the internal security of the United States.

 

BACKGROUND:

 

The Committee on the Judiciary has been called the lawyer for the House of Representatives because of its jurisdiction over matters relating to the administration of justice in Federal courts, administrative bodies, and law enforcement agencies. Its infrequent, but important role in impeachment proceedings has also brought it much attention.

 

A standing Committee on the Judiciary was established by the House of Representatives on June 3, 1813 to consider legislation relating to judicial proceedings. Since then, the scope of the committee’s concern has expanded to include not only civil and criminal judicial proceedings and Federal courts and judges, but also issues relating to bankruptcy, espionage, terrorism, the protection of civil liberties, constitutional amendments, immigration and naturalization, interstate compacts, claims against the United States, national penitentiaries, Presidential succession, antitrust law, revision and codification of the statutes of the United States, state and territorial boundary lines and patents, copyrights and trademarks.

 

Because of the predominantly legal nature of the committee’s work, it has been the custom, dating back perhaps to the 19th century, that members of the committee have a legal background, though it is not necessarily a requirement. With the advent of the Internet, the progressive nature of telecommunications and scientific developments such as cloning, the list of issues which the Judiciary Committee must consider is ever expanding, requiring members to maintain a wide breadth of knowledge to effectively address concerns that may arise in these and other new areas.

 

Because any new legislation that carries with it the possibility for criminal or civil penalties could potentially be referred to the Committee on the Judiciary, the legislative workload of the committee is heavy. Not surprisingly, its weighty agenda has frequently placed the committee in a central role in American politics, most notably during its consideration of impeachment charges against incumbent Presidents of the United States in both 1974 and 1998.

 

SUBCOMMITTEES:

 

Subcommittee on Courts, the Internet, and Intellectual Property

Subcommittee on Immigration, Border Security, and Claims

Subcommittee on Commercial and Administrative Law

Subcommittee on Crime, Terrorism, and Homeland Security

Subcommittee on the Constitution

 

 

CURRENT LEGISLATION TOPICS:

 

War on Terrorism: The committee will examine the Department of Justice’s counterterrorism efforts, including implementation of the USA PATRIOT Act and the use of other authorities to detect, investigate, and prevent terrorist attacks without undue intrusions on privacy and civil liberties, including the use of the Attorney General’s Investigative Guidelines, detention authorities, data mining as an investigative tool, and money laundering regulations.

 

Federal Law Enforcement Information Sharing: The committee will examine the progress made by the Justice Department and other federal agencies to share information among themselves to prevent terrorism.

 

Department of Homeland Securit: The committee will conduct oversight on the Department of Homeland Security’s role in securing the Nation against terrorism, including the operations of all law enforcement functions transferred to the Department and coordination with federal, state, and local law enforcement.

 

Modernization of the Antitrust Laws: The committee will monitor the work of the Antitrust Modernization Commission established by the 21st Century Department of Justice Authorization Act (Public Law 107-296) last Congress. The Committee will also continue to consider modernization of the antitrust laws in light of the new economy, especially with respect to the intersection of antitrust law and intellectual property law as well as the application of antitrust law in the international realm. The Committee will also consider whether the antitrust laws need any technical corrections or updates

 

Electricity Deregulation: The committee will consider the antitrust implications of proposed electricity deregulation legislation.

 

General Oversight of the Antitrust Enforcement Agencies: The committee will continue its tradition of holding a general oversight hearing on the antitrust enforcement agencies during each Congress.

 

Department of Justice Authorization: The committee will aggressively concentrate on an overall review of the Department of Justice with the engagement by the Subcommittees with the Department components that are specifically under their jurisdiction.

 

Natural Resources: The committee will examine the role of the Justice Department's Environment and Natural Resources Division ("ENRD") in federal law enforcement on public lands, such as the National Parks, the National Forests, and other public lands owned by the United States government. The Subcommittee will increase its oversight of ENRD's work with agencies charged with preventing the theft of forest products and minerals, illicit drug production, and the poaching of wildlife.

 

The Death Penalty: The committee will consider the constitutional issues raised by the implementation of the death penalty in the states, including its application to persons later found innocent and steps to prevent such application.

 

Civil Rights Division, U.S. Department of Justice: The committee will examine the enforcement record, priorities, and authorization request of the Civil Rights Division. The committee will focus on the Division’s activities in the areas of education, employment, credit, housing, public accommodations, law enforcement practices, voting rights, and federally funded and conducted programs. The Subcommittee will specifically examine the implementation/enforcement and impact of pending school desegregation cases, title VII of the Civil Rights Act of 1964, and the Voting Rights Act of 1965.

 

Congressional Authority Under the Commerce Clause" In light of recent Supreme Court decisions limiting Congress’ authority to enact legislation under the Commerce Clause, the Eleventh Amendment, and section 5 of the Fourteenth Amendment, the committee plans to consider the boundaries of the Commerce Clause and the importance of such boundaries to our federalist system.

 

Admissions Policies: The committee will consider admissions policies adopted in the states in the wake of affirmative action litigation and referenda, such as Washington, Georgia, Texas, Florida, and California.

 

Religious Liberty: The committee will consider the federal role in the protection of the free exercise of religion, and the separation of church and State, including charitable choice and the funding of faith-based social services through vouchers.

 

Abortion: The committee will examine the constitutionality and enforcement of federal and state statutes that relate to the performance of abortions.

 

War on Terrorism: The committee will consider constitutional issues associated with the War on Terrorism, including the use of military tribunals for the trial of captured unlawful combatants.

 

Violence Against Women Civil Rights Remedy: The committee will examine enforcement of the Violence Against Women Act in light of the U.S. Supreme Court's ruling in U.S. v. Morrison.

 

MEMBERS:

 

MR. F. James Sensenbrenner, JR. (Wisconsin), CHAIRMAN

 

Mr. Hyde (Illinois) 

Mr. Conyers (Michigan) Ranking 

Mr. Coble (North Carolina) 

Mr. Berman (California) 

Mr. Smith (Texas) 

Mr. Boucher (Virginia) 

Mr. Gallegly (California) 

Mr. Nadler (New York) 

Mr. Goodlatte (Virginia) 

Mr. Scott (Virginia) 

Mr. Chabot (Ohio) 

Mr. Watt (North Carolina) 

Mr. Jenkins (Tennessee) 

Ms. Lofgren (California) 

Mr. Cannon (Utah) 

Ms. Jackson Lee (Texas) 

Mr. Bachus (Alabama) 

Ms. Waters (California) 

Mr. Hostettler (Indiana) 

Mr. Meehan (Massachusetts) 

Mr. Green (Wisconsin) 

Mr. Delahunt (Massachusetts) 

Mr. Keller (Florida) 

Mr. Wexler (Florida) 

Ms. Hart  (Pennsylvania) 

Ms. Baldwin (Wisconsin) 

Mr. Flake (Arizona)

Mr. Weiner (New York) 

Mr. Pence (Indiana) 

Mr. Schiff (California) 

Mr. Forbes (Virginia)

Ms. Sanchez (California)

Mr. King (Iowa)   

Mr. Carter (Texas)   

Mr. Feeney (Florida) 

Mrs. Blackburn (Tennessee)