oversight
oversight: congressional review n investigation of the activities of the executive branch of govt
“Congress is not a rubber stamp or a presidential lapdog, obedient and unquestioning. oversight, oversight, oversight is among our most important responsibilities, and oversight, oversight, oversight has been lacking for far too long.”
background
oversight has become a vital part of the system of checks n balances
oversight of the executive has become seen as vital role of Congress
pearson, pg89: “oversight of the executive branch has come to be seen as an implied power of Congress. the separation of powers and the checks and balances inherent within the Constitution put Congress in a theoretically strong position to check the actions of the executive branch.”
factors affecting oversight intensity
party control
party polarisation
policy area
election cycle
presidential approval rating
congressional approval rating
national events
congress checks on president
most oversight takes place in committees
standing committees are permanent ones n wield more power
both Senate n House standing committees
oversight of legislation
standing committees conduct scrutiny into bills
they hold hearings n call witnesses
witnesses questioned
vote taken whether to pass the bill over to the full chamber to be debated
conducting investigations
normally after a perceived failing/crisis
eg: US strategy for Syria n Iraq looked at by House Armed Services Committee n ISIS activity in the Pacific region looked at by the House Homeland Security Committee, both in 2016
confirming presidential appts
Senate only
particularly the Judiciary n Foreign Relations committees
all federal judicial appts vetted » all ambassador appts as well
impeachment
the House of Reps bring charges, the Senate holds the trial
key power, arguably ineffective
3 impeached presidents: andrew johnson, bill clinton, trump x2
nixon resigned before he could be impeached
does congressional oversight on President work?
president can veto laws n circumvent oversight by signing executive orders
in times of united govt, oversight drops off
all impeached presidents acquitted
party polarisation also an issue
is oversight merely political point scoring from a divided govt?
republicans echoed Trump’s words that impeachment a ‘witch hunt’ by Dems
however, some when Repubs in charge:
8 committees called 252 witnesses, reported 2000 pages into terrorist attack in Benghazi, Libya » 2012
bc: hilary clinton was secretary of state in 2012
“oversight keeps the administration on its toes; the lack of oversight, and the expectation that there will be none, leads to complacency, arrogance n maladminstration.”
trump second term:
for the next 2 years at least, Trump has the trifecta - control of the executive, House n Senate
in his campaign, Trump made clear he wished revenge on those he felt wronged him
keen to install an attorney-general to do his bidding - gaetz fell but pam bondi looks likely to be approved
however, trump may face opposition from more moderate Republicans - many didn’t want Gaetz
midterms may lead to Trump losing one or both chambers
congress oversight of the judiciary
constitutional amendment
congress can overturn a ruling by the SC
however, very difficult (proposed 2/3, ratified 3/4)
happened only 26x
impeachment
1 SC Justice put on trial (1804)
acquitted by Senate
1968 SC judge resigned over facing impeachment
9 district judges impeached n been dismissed/resigned
supreme court size
widely regarded as being 9, there’s no set limit
under article iii, Congress has power to change composition of court
biden planned to appoint a bipartisan commission to examine whether SC should be expanded » didn’t do so
does congressional oversight over the judiciary work?
limited
best at holding district judges to account
hard to overturn SC ruling
Congress has seemed reluctant to change make up of SC