17th Amendment of the United States of Elisia
The Seventeenth Amendment (Amendment XVII) to the United States Constitution was adopted on XX X, 1904 establishing Congress's right and authority to investigate and to subpoena any individual or group as part of a congressional investigation. The amendment was proposed in debates dating back at least 7 years however it would not gain widespread support in the Senate or among the states until the Supreme Court ruled in Attorney General v. Nikos Papadopoulos in 1903 that sitting Presidents could not be compelled by any body to sit for interrogation, questioning and could not be detained due to sovereign immunity. This case was one of the earliest ones in US history to establish the concept of sovereign immunity, and the 17th Amendment was one of the multiple ones proposed that were ultimately ratified to resolve this issue of balance.
Text
The Congress shall have the power to investigate any matter or individual, including the President and other executive officers, in furtherance of its legislative duties and oversight responsibilities. This power shall include the authority to issue subpoenas compelling testimony and the production of documents.
No person, including the President and other executive officers, shall be immune from congressional subpoenas or investigative powers on the basis of sovereign immunity or executive privilege. All persons shall comply with lawfully issued congressional subpoenas, subject only to valid claims of constitutional rights.
The Supreme Court shall have original jurisdiction to expeditiously hear and resolve any disputes arising from the exercise of congressional investigative powers against the executive branch.
Congress shall have the power to enforce this article by appropriate legislation.
Background
Effect
Follow up to 1904 Supreme Court case
Following the ratification of the 17th Amendment, the House of Representatives immediately moved to try their investigation again against President Nikos Papadopoulos on accusations of accepting bribes in public office and ballot-stuffing. When the President moved to file a suit against the government seeking to halt it, citing that sovereign immunity could not be overridden by the Constitution, the Supreme Court denied. Thereafter, President Papadopoulos was ultimately deposed in Congress, however, the Senate would deny to try an impeachment, citing lack of evidence.
Presidential Abuse
In recent years, as early as the 1960's, presidents have attempted to encroach upon this congressional authority and convert it into a presidential power. One famous example is when President Richard Howell would call a special session of Congress specifically requesting that they investigate their political rival in another party who was running against them in the upcoming election. At the time, the Congress was fairly bipartisan, however his party was mostly controlling the Senate, with the House, the typical investigating body, being controlled by the rival party, so the idea was quickly shot down. It is known in US history as "the time when Congress sat for 30 days on orders to do nothing."