comgress carries out oversight effectively Flashcards
separation of powers
-MOCs on committees are separate from the executive branch ensuring no political interest to conclude in one way or another
-trump administration could not prevent republican controlled intelligence committee investigating russian interference in the 2016 election suggesting there is a lack of evidence for ‘partisan coverups’
separation of powers evaluation
Despite the separation of powers, MOCs are still members of political parties. And with that, comes a degree of loyalty to the party that may undermine
their independence during committee oversight investigations (see the point on partisanship – impact on investigations).
eras of divided government
-oversight is more effective during these times
-2021-23 with unified government saw no investigations launched into biden, but following the 2022 midterms and the switch to a republican controlled house investigations were launched immediately
divided government evaluation
Despite a more active approach to oversight during periods of divided government, the credibility of oversight committees has been badly damaged due to
politicisation. In turn, this weakens their impact. For example, Trump responded to the Senate Intelligence Committee report on Russian interference in the 2016
election by dismissing it: “I didn’t read it.” Rather than studying its findings closely – Trump supporters dismissed it as the work of the “deep state.” The Committee report found that the Russian government had engaged in an &’extensive campaign’ to sabotage the election in favour of Donald Trump.
politicisation of impeachment process
-traditional reasons for impeachment have effectively been abandoned, in 1998 clinton faced a series of partisan investigations and impeachment from house republicans, trump was also impeached twice in suspicious timing just before the 2020 election
-this may suggest the impeachment has become weaponised, illegitamising congress’ oversight
impeachment evaluation
There is another view: the impeachment process has not been weaponised, but rather, the US is undergoing a period of exceptionally poor political
leadership. In line with that, it was only right that House Republicans impeached President Clinton who lied under oath to hide a sexual relationship with a young
intern (Monica Lewinsky). Equally, Trump could be viewed to have abused his position to (a) pressurise Ukraine’s President Zelensky to dig up political mud on a
political rival - Joe Biden, and (b) incite an attempt to overturn the result of the 2020 presidential election, and with it, attempt to “defraud the United States.”
executive privilege
-presidents can legally deny the congress information requested by subpoena , via executive privilege from united states v nixon
-this power can be exercised if the POTUS has national security concerns
-congress was unaware of the NSAs bulk collection of data via the PRISM programme and it was only uncovered by the revelations of snowden
executive privilege evaluation
Presidents cannot withhold information without a national security justification. For example, Donald Trump was ultimately unable to hide his tax returns
from the US Congress. It took 6 years and a Supreme Court case but eventually the House Ways and Means Committee were able to force Trump to hand over his tax returns. The House Ways and Means Committee publicly disclosed that Trump paid no federal income taxes in 11 out of the past 20 years.