congressinal oversight

Theme 1

control over legislative branch, power of purse

For 1

healthcare reform act (skinny repeal) 2017 failed to pass senate 51-50 senator McCain voting alongside dem, protection of laws that have bipartisan support prevent unilateral decision making by the president

-power of purse ensure executive can only spend what’s been allocated by Congress, enable checks on executive authority by rejecting or delaying funding and constrain unilateral executive decision making, esp under divided gov

35 days gov shutdown over border wall funding, stalling trumps commitment to build border wall, check on executive authority

→hyper partisan ship

Against 1

Unified gov

-One Big Beautiful Bill Act 2025

51-50, 218-214

Ability of President to circumvent the check on its authority by power of purse

-use of broad statutory power, declaration of national emergency 2019 redirect billions of money from department of defence to build border wall, inability of Congress to constrain executive action-though later struck down by federal court ruling demonstrate willingness of president to act unilaterally circumvent check by Congress

Theme 2

Impeachment

For 2

2/3 supermajority in senate ½ majority in house

trump, Clinton -expose wrongdoing to public force President to justify his stance to public ensure dem accountability prevent executive overreach, transparency of executive authority

-Nixon watergate scandal

Judicial impeachment 15 fed justice, 8 removed from office - check on judicial branch by Congress

Against 2

Politicised impeachment process

Trump, Clinton

2/3 supermajority nearly impossible unless large no of presidents party member defect

Both impeached by opposing party acquitted by the president party in senate

→ senators increasingly partisan vote: fear of primary challenge, desire to maintain party unity

-reduced incentive to check on executive overreach

Impeachment of homeland security secretary Alejandro Mayorkas

Impeached by rep for breaching public trust on immigration, acquitted by Dem in senate dismissing impeachment as political stunts

-increasingly symbolic than substantial, real effectiveness to hold executive account limited in practice

Theme 3

Confirmation of appointment

For 3

-Matt Gaetez Withdrawal from general attorney position

-2016 rejection to hold Hearings for merrick garland

Against 3

-unified gov limited check

-Amy coney Barrett 27 days confirmation

-even when opposition exist, President bypass confessional scrutiny through acting officials recess appointment - allow key positions to be filled without senate approval for extended periods

-2018 trump appointed Matthew Whitaker as acting attorney general after Jeff sessions resigned, using federal vacancies reform act (not confirmed by senate but had full control over department of justice including supervision of mueller case)

-senate bypassed for long period of time, ineffective check on executive