Congressional Oversight Flashcards
why did the founding fathers create a strong system of congressional oversight
It is part of a way to hold the executive to account. Part of the principle of checks and balances and limited government
forms of oversight
Legislative process -
Vote on laws
Filibuster bills
Amend bills
Override presidential veto
Control of budget
Advice and consent (Senate only)
Reject appointments
Reject treatie
Impeachment
oversight through the legislative process
Some key bills are initiated by the executive (although formally introduced in Congress by a member of the legislature)
Congress can vote down (or amend) legislation
The Senate can talk bills out, filibustering it
Congress can override a presidential veto
arguments against scrutiny through the legislative process
- Vote against the president’s legislative agenda: However, because of polarisation and increased party unity, members of Congress
increasingly automatically vote for or against, depending on their party, instead of providing proper scrutiny - Filibuster the presidents’ bills: However, only the Senate has this power; However, a filibuster can be ended with a 60-vote majority
- Override the president’s veto: However, this requires a challenging 2/3 majority in both houses
Budget Setting Powers
Congress has the power of the purse
A bill on tax and spending needs to be introduced in the House of Representatives
Congress can refuse to provide the President with a budget
example - 2013 federal government shutdown over federal budget
2018-19 federal government shutdown
Main reason why Trump has not been able to fulfill his most well-known promise of building a Southern border wall is that funding for it has not been approved by Congress
argument against budget-setting powers
voting against the budget means a government shutdown, and popular opinion turning against the party obstructing the president, meaning the president can get his way in the end. Opinion polls could show a decline in their approval ratings, and social media could be filled with criticism and demands for them to take action. As a result of the shutdown, many government services are suspended, causing inconvenience and frustration among citizens who rely on them.
advice and consent
The Senate can scrutinise Presidential appointments and treaties
Criticise and even block federal appointments
Particularly Supreme Court appointments are significant
Reject international treaties
argument against advice and consent
However, votes on presidential appointments are increasingly partisan (because of polarisation and increased party discipline), and less a reflection of the appointments objective merits
impeachment
Congress can impeach members of the executive: charge them with criminal offences (House) and conduct the impeachment trial (Senate)
argument against impeachment
However, no president has ever been found guilty through impeachment. Because of polarisation, the votes on impeachment in Congress are increasingly partisan.
Senate vote on trump’s impeachment
2019- All republicans except Mitt Romney voted not guilty - 53, democrats and independent voted guilty - 47
2021 - 57–43
what are the two main committees in the US
Standing committees
Conference committee
standing committee membership
Membership is proportional to the strength of both parties in Congress
Members can be topic specialists themselves
Members often represent states and districts in which the topic is particularly relevant (e.g. Agriculture Committee from rural states)
standing committee functions
- Discuss, amend and vote on bills
Hold ‘hearings’ with witnesses: civil servants, and academic experts.
Suggest amendments to the bill
The standing committee also vote on a bill to proceed it to the second reading
eg - The House Armed Services Committee
inserted an amendment in the Defense
Authorization Act 2021 to allow military
bases named after Confederate generals
from the civil war to be renamed - Conduct investigations to scrutinise the government. Witnesses summoned to give evidence in hearings. Publish reports with recommendations
eg. House of Representatives select committee to investigate the January 6th Attack on the
US Capitol. Trump himself and his aides supboenaed as witness - Hold Hearings to question Presidential nominees to federal courts and the cabinet - advice and consent powers. This is done by the committe on the judiciary
eg - Trump’s nominee to the Supreme Court Amy Coney Barrett said Roe v. Wade is not a
‘super-precedent’ in Senate Committee on the
Judiciary hearings. Brett Kavanaugh hearing
why are committes in the US more important
The committee stage is earlier in the legislative process, before the second reading. That means it is the first real hurdle for a bill to overcome (the 1st reading is a formality,
like in the UK).
Congressional committees in the US can subpoena witnesses and question them under oath, UK committees can’t.
It is the only place members of Congress can directly question members of the executive
conference committee
Coordinate the progress of bills in both houses – decide on a final version
Membership: proportional to the strength of both parties
