Evaluate the view that Congress is effectively carrying out its oversight function. Flashcards
intro
Oversight fluctuates between periods of divided and unified government
para 1 theme
actions of the president
para 2 theme
Supreme Court
para 3 theme
legislation
para 1 - actions of the president
Oversight is dependant on the power of the President and whether or not they control Congress. For example, during the premiership of George W Bush, the Republicans would hold a majority in both houses until January 2007. As a result Congressional oversight became non-existent. Between 2003 and 2005, the senate armed services committee held no hearing on combat operations in Afghanistan and only 9 on Iraq, making up a minute 9% of their total overall hearings. This would be explained in Ornstein and Mann’s “when Congress checks out” (2006). There were 37 investigation hearings between 2003-04, a drastic drop-off from the 135 in 1993-94.
para 1 - however
- Congress has demonstrated a willingness to use the veto override, in some cases to great effect. E.g. Congress counter vetoed Obama’s veto to pass the Justice Against Sponsors of Terrorism Act, which would have allowed families who were affected by 9/11 to sue Saudi Arabia.
- Congress have overseen investigations into actions such as Benghazi, which had far-reaching impacts. There were also successful hearings in October 2013 over helathcare.gov. (platform that wasted $300 million). Resulted in the resignation of Kathleen Sebelius.
When Bush lost both houses in the 2006 mid terms, the number of hearing about combat operations increased dramatically. There were almost 100 hearings on the Iraq War in the first two months alone.
- Congress have overseen investigations into actions such as Benghazi, which had far-reaching impacts. There were also successful hearings in October 2013 over helathcare.gov. (platform that wasted $300 million). Resulted in the resignation of Kathleen Sebelius.
para 1 - rebuttal
Effective oversight through committees are almost solely dependant on whether government is divided or unified, and how much power the president has in Congress, as shown by Bush and the gulf war.
para 2 - Supreme Court
Inefficiencies in the senate at oversight. They have ignored their duty of giving advice and consent on appointments. For example, after the death of Justice Antonin Scalia in Feb 2016, the republicans hastily announced they would not even consider the nomination of Merrick Garland, despite him being an excellent choice and having previously received praise from Senate Republicans. This was totally ideologically driven. They would then fast track the conservative nomination of Amy Coney-Barratt. Between 1949-2013, 168 presidential nominees were filibustered, with a whopping 82 being used during the Obama administration.
para 2 - however
- Congress are the ones who ratify federal judges. Individuals like Neil Gorsuch and RBG have all been confirmed in the Senate with the highest recommendation.
Congress also has the power to impeach judges, which they did Justice Chase 1804.
para 2 - rebuttal
- The ratification of justices is based along ideological lines, and so it is once again dependent on congress. Donald Trump was able to rush through 3 justices in his premiership due to having control of the Senate.
para 3 - legislation
- The chances of the veto override being effective are outweighed by the chances of failure, given the requirement for a supermajority. Recent increase in partisanship and polarisation has basically meant that super majorities are near impossible, so it is unlikely that they will be used. It has only been used twice since 2009, showing the lacklustre nature of the veto override.
- Presidents have found ways around the constitutional powers of Congress, using executive orders to create pseudo-legislation and pseudo-treaties. E.g. Obama passed the Iran Nuclear Treaty without the consent of Congress.
Despite Congress having the power to declare war, this hasn’t been done since WW2, this is once again a power that the President possesses over Congress - refer to ‘foreign policy president’.
- Presidents have found ways around the constitutional powers of Congress, using executive orders to create pseudo-legislation and pseudo-treaties. E.g. Obama passed the Iran Nuclear Treaty without the consent of Congress.
para 3 - however
- Congress has demonstrated a willingness to use the veto override, in some cases to great effect. E.g. Congress counter vetoed Obama’s veto to pass the Justice Against Sponsors of Terrorism Act, which would have allowed families who were affected by 9/11 to sue Saudi Arabia.
Congress is the one who possesses the power to declare war, such as it did in WW2.
para 3 - rebuttal
The use of veto overrides is incredibly rare and therefore this point is rather negligible. It depends on whether the government is divided or unified.
