The Power to Investigate

• Congress has the power to investigate and oversee the performance and ethics of government officials and agencies

• Examples of investigations:-The investigation of the military in 1792 after it

was defeated by the indians-The sinking of the titanic-Organized crime in the 50s-Steroid use in baseball players

Power to Investigate Cont.

• A standing committee or a select committee may conduct investigations

• Committee staffers can collect evidence and schedule witnesses

• The investigation process has also been used to look into allegations against its own members

• Congress has several different powers.• One of these powers are subpoena.

Subpoena is a legal order that requires a person to appear or produce requested documents.

• congressional committees can also require witnesses to testify under oath.

Rights of congressional witnesses

• Congress can give witness immunity which is the freedom from prosecution from people who testimony ties them to criminal acts.

• Then there is the fifth amendment which states that people cannot be forced to testify against themselves.

Rights of congressional witnesses • If witnesses do not tell the truth they

can be criminally prosecuted for perjury.

• Committees may also punish those who refuse to testify and can be held contempt of congress. Person found in contempt can be arrested and jailed.

Legislative Oversight

The power of legislative oversight involves a continuing review of how effectively the executive branch carries out laws that

Congress passes.

Legislative oversight is a good example of how Checks and Balances Work.

• Congress makes the laws, the executive branch carries them out.

• The executive branch interprets what the law means

• Later, Congress can check how the executive branch has administered the law and decide whether it has met the law’s goals.

Defining Oversight Functions

• 1946 Legislative Reorganization Act asks Congress to exercise “continuous watchfulness” over executive agencies.

• A 1970 act gave each standing committee oversight authority for the areas of responsibility.

Why are oversight powers used inconsistently?

• Lawmakers don’t have enough staff, time, or money to keep track of everything going on in the executive branch.

• Oversight doesn’t interest many voters, unless it uncovers a scandal or major problem.

• Some legislations and regulations are so vague, that it is difficult to know exactly what they mean.

• Committees sometimes come to favor the federal agencies they are supposed to oversee

How Congress Limits the Executive

• Congress requires executives to report their progress to them

• Employment Act- requires president to send annual report

• Congress asks government accountability office to evaluate federal agencies

• By looking at the budget they can eliminate or expand progress in the budget

• Legislative veto- congress exercise oversight

Independent Counsel

• Ethics in Government Act- provided that in cases, Congress could demand the appointment of a special prosecutor

• One example is when Kenneth Starr exercised this act; he found evidence to impeach President Clinton

• 1999 the law expired and investigations are up to the attorney general