Congressional oversight

How low are current Congressional approval ratings?

13% approval (2023)

Which Congress was the least productive?

The 118th - the 119th is on track to be the least productive

Define congressional oversight

Oversight is the ability of branch of government to supervise and check the action of another branch of government

Who does Congress mainly check?

The President

Factors that influence the relationship between Congress and the President: Party control

In times of united the oversight exerted by Congress is weak and the President vetoes less legislation. This could be due similar ideology thus increasing more agreeable legislation

Factors that influence the relationship between Congress and the President: policy area

Congress has more oversight on domestic than foreign policy. Obama carried out the Iranian Nuclear deal with little oversight but with gun reform oversight prevented it.

Factors that influence the relationship between Congress and the President: Presidential poll rates

Congress can exert more influence when the President’s poll rating is low - Obama’s popularity was 50% in 2010 which is arguably why Obamacare passed; Trump’s approval rates never reached 50% in 2017 and this is why he couldn’t repeal Obamacare

Factors that influence the relationship between Congress and the President: Partisanship

The growth of partisanship in the USA, has made Congress more unwilling to band together to scrutinise the President (tribal loyalty)

Factors that influence the relationship between Congress and the President: Election cycle

When it’s an election year members interest with their constituency and not the president. If the President is unpopular then they show distance and opposition to the President. - In 2021, Rep. Glen Youngkin ensured there was distance between him and Trump in order to win the democrat leaning state of Virginia

Factors that influence the relationship between Congress and the President: National events

In times of emergencies Congress often defers to the President - response to 9/11 was the creation of homeland security which Bush got through quickly.

Key oversight methods: Appointments

• The Senate approves nominees to the cabinet and judiciary through the Advice and Consent process (a vote)

• A simple majority is needed to confirm appointments. (Usually occurs through party lines)

• The last time an appointee was rejected was in 1989 - John Tower as Defence Secretary

• Most of the time people withdraw if they know they’re going to lose - Matt Gatez withdrawing as Trump’s attorney general due to sexual misconduct allegations (2024)

• Nominees are tested in congressional hearings to see if they’re suitable but partisanship is making this less effective

• Senatorial hold is when a senator asks the leadership to hold a nomination that they don’t want reaching the floor (can be delayed by a single senator). Tuberville held over 400 Defence department nominees for 10 months over the use of military abortions in 2023

Which two Trump nominees got in through a VP vote?

Pete Hegseth and Betsy DeVos had to rely on JD Vance’s VP vote in 2025

Key oversight methods: Legislative veto

• If a President dislikes legislation he can veto it meaning they have a final say over legislation and can neutralise Congress

• A President must use veto strategically as he still needs Congress to deliver his legislative agenda.

• The threat of veto alone is very influential

• Obama threatened a veto for the Keystone Pipeline in 2015 and subsequently use it

• Obama vetoed 12 times throughout his Presidency and was overridden once

• 11 out of 12 of Bush’s vetoes were used in times of divided government

Key oversight methods: hearings and investigations

• Committee chairs (voted in) carry out investigations

• Standing committees are in both chambers are permanent; select committees are temporary (special investigations)

• Standing committees reflect the make-up of Congress and thus are partisan

• House committees have 30-40 members and the Senate has 18 members

What are the functions of standing committees?

• Conducting committee stage of bills - holding hearings, mark-ups and reporting out

• Conducting investigations

• Confirming presidential nominees - committee votes entail the Senate vote

Who was expelled by the ethics committee in 2023?

George Santos - House Representative

When are select committees usually set up and what is a key example?

• After the 2012 terrorist attack in Benghazi where three military personnel were killed, the committee questioned key people such as Hillary Clinton who was scrutinised for 11 hours

• This committee wasn’t endorsed by Democrats - highlighting the partisan nature of select committees

• They tried to pursue federal charges against Clinton for using her personal email and mishandling documents

What was the January 6th investigation and what was the result?

• This was set up after the failure of an independent committee

• They looked into the reasons why it took place and if Trump or Mike Pence were at fault

• The committee founded that Trump was responsible in trying to uphold the confirmation and sent four criminal Justice charges. This wasn’t legally binding - only the Justice committee decisions

Key oversight methods: Impeachment

• The House can bring charges of impeachment against a president and the Senate trials them

• A weak check however as no president has been removed via impeachment

• Watergate 1972 - Nixon resigned and avoided criminal charges (through Ford’s pardon) after the break in at the Democrat’s headquarters.

• Some argue that a lack of impeached presidents highlight that its a weak check but also it could be said that all the candidates are not inappropriate and this don’t have to be removed

How many votes in Senate were party votes to confirm nominations?

82%