# McGrain v. Daugherty **Status: stub — expand.** **273 U.S. 135 (1927).** Arising from the Senate's Teapot Dome investigation, this is the decision that establishes the **power of inquiry** as an attribute of the legislative power itself — "the power of inquiry, with process to enforce it, is an essential and appropriate auxiliary to the legislative function." Mally Daugherty, brother of the former Attorney General, had ignored a Senate subpoena; the Senate ordered his arrest by its deputy sergeant at arms. The Court upheld the arrest, reaffirming [[Anderson v. Dunn]] and rejecting the argument that the Senate was conducting a trial rather than legislating. Two limits travel with the holding and still govern every subpoena fight: the inquiry must be **in aid of a legitimate legislative function**, and the question asked must be **pertinent** to it. Those are the two grounds on which a modern recipient resists — and the two the courts have said are rarely sufficient on their own. ## See also - [[Congressional Subpoena Enforcement Flow]] · [[Anderson v. Dunn]] · [[Congressional Oversight]] · [[Trump v. Mazars]]