321 Congress and SCOTUS

legislative oversight

oversteps legislative boundaries, from authorizing committees, reviews agencies’ implementation of existing laws, considering new legislation or changing old ones

financial oversight

“power of the purse”, withholding funds ets. appropriations committees work closely with exec agencies and holds hearings to determine exec overstepping

investigative oversight

investigates the exec. through authorizing committees, scouts must be able to determine congress’ legislative purpose to ensure congress has not overreached its investigative power

executive privilege

president has the implied right to withhold information and congress has the implied right to investigate

contempt power

the authority of congress to punish, congress may rely on the federal courts to enforce a subpoena

Congressional oversight

in determining impeachment, congress has overstepped, as well as financial, legislative, and investigative oversight

Justice Jackson’s three prong test

Assess the separation of powers and congressional delegation, 1- presidential authority at its maximum when president acts in pursuit of implied authorization from congress, 2- presidential authority is mild when president acts without authorization from congress or denies its authority, 3- presidential authority is lowest when he acts in defiance of congress, he can only rely on his expressed constitutional powers then

delegation of authority

1930’s law to delegate power to the president but can be revoked without veto from the president, congress retains within legislation that it passes that delegates authority to the exec that thy can revoke it easily

joint resolutions

revokes delegation of authority, force of law, requires president’s signature

concurrent resolutions

revokes delegation of authority, no force of law, does not require press signature

emergencies declaration act

provides many expanded power to the executive, requires the president to base action on some specific existing statutory power but broadly defines a national emergency

Chadha decision

declared that congress could not overturn exec agency decisions without following the full lawmaking process, made the NEA essentially useless, 2019 congress voted on a joint resolution to terminate press emergency declaration

Advice and consent

responses to polarization and subsequent Obama and trump judges, changing message about approving judges

constitutional judicial interpretation

legislative approach, evaluates the application of the constitution EX. ACA mandate for health insurance invoked the application of commerce clause

statutory judicial interpretation

textualist approach, interprets congress’ intention with a statute rather than constitutionality of the law itself EX. obamas regulation of power plant carbon emissions and the meaning of provisions in the clean air act

standards of review for congressional oversight

three prong test, major questions doctrine, chevrons deference

major questions doctrine

says that exec agencies can not claim authority to make policy on major questions- things that will have large political and economic significance without the consent of congress