Evaluate the view that Congressional oversight of the President is ineffective. Flashcards
Introduction - Themes
- Power of Investigation
- Power of Impeachment
- Confirmation of Appointments
Introduction - Argument
The powers of Congress being able to effectively check the president are ineffective
Effective - Powers of Investigation - Point
One of the main ways in which oversight is conducted in Congress is through standing committee investigrations - these are effective in looking percieved problems, crisises and failures
Effective - Power of Investigation - Examples
- Anthony Blinken, Biden’s Secretary of State, had to appear in front of the Seante and House of Representatives’ Armed Services Committee over withdrawal in Afghanistan
- The January 6th Committee looked into Trump’s involvement in the storming of the Capitol
Ineffective - Powers of Investigation - Point
These investigations are conducted after an event has occured meaning their effectiveness is curbed as the executive would have already acted problematically
Ineffective - Powers of Investigation - Examples
- The January 6th Committee only voted in December 2022 that Trump had provoked the attacks on the Capitol, almost a year after the attacks occurred
- There was an investigation by the House Judiciary Committee into the classified files found in Biden’s home and questions were asked about whether they were actively concealed. Trump had a similar investigation - not learned
Effective - Powers of Impeachment - Point
The Constitution gives Congress the right to impeach Presidents - this means presidents know thier behavior is judged to meet Article II, Section IV. Therefore, this is an important way of oversight
Effective - Powers of Impeachment - Examples
- The House of Representatives has impeached three presidents: Johnson (1868), Clinton (1997) and Trump (2019 and 2021)
- Nixon resigned to avoid impeachment after the Watergate Scandal
Ineffective - Powers of Impeachment - Point
A President has never been impeached as the Senate has aquitted on all four occassion. There is an argument that it is party politics at play rather than effective oversight
Ineffective - Powers of Impeachment - Examples
- Nixon was allowed to resign rather than be impeached wheere it is certain he would have lost - President Ford was then able to pardon him to avoid criminal charges
- Both Trump and Clinton were impeached by the House with a majoirty of the other party, and then aquitted by Senates controlled by their own parties
Effective - Confirmation of Appointments - Point
The Senate has to be ability to confirm presidental appointments - this gives them the ability to control the people working in the executive and check the credibility of the appointments
Effective - Confirmation of Appointments - Examples
- Under Trump, Andrew Puzder withdraw as a controversial choice for Department of Labour
- The Senate refused to hear the appointment of Merrick Garland under Obama to be Supreme Court Justice
Ineffective - Confirmation of Appointments - Point
There are two major failures of the Senate’s confirmation powers - the Senate has now power over those appointed to EXOP, and the vetting process of a confirmation is massively partisan meaning they are not checked for the correct reasons
Ineffective - Confirmation of Appointments - Examples
- Susana Rice was seen as Obama’s top pick for Secretary of State, however, it was clear that she was not going to get the support in the Senate - instead Obama made her National Security Advisor, an arguably more powerful role
- Brett Kavanaugh was chosen over Merrick Garland by the Republicans - during his appointment process he has numerous women file sexual assault cases against him yet the Senate still confirmed him to the Senate
