Federal Immunity Laws

The operation of federal immunity acts 1 to preclude the use in state courts of incriminating statements and testimony given by a witness before a committee of Congress or a federal grand jury 2 illustrates direct federal preemption that is not contingent on state participation in a federal program. Because Congress in pursuance of its paramount authority to provide for the national defense, as complemented by the Necessary and Proper Clause, is competent to compel testimony of persons that is needed in order to legislate, it is competent to obtain such testimony over a witness’s selfincrimination claim by immunizing him from prosecution on evidence thus revealed not only in federal courts but in state courts as well.3

Federal Immunity Laws and the U.S. Constitution

Resources

See Also

References

This text about Federal Immunity Laws is based on “The Constitution of the United States of America: Analysis and Interpretation”, published by the U.S. Government Printing Office.

Notes

[Footnote 1] Immunity laws operate to compel witnesses to testify even over selfincrimination claims by giving them an equivalent immunity from prosecution.

[Footnote 2] Adams v. Maryland, 347 U.S. 179 (1954).

[Footnote 3] Ullmann v. United States, 350 U.S. 422, 434-436 (1956). See also Reina v. United States, 364 U.S. 507, 510 (1960).