Section 2: Investigations & Oversight Constitution neither granted nor denied Congress the power to conduct

investigations. Investigations can be conducted on any issue Political & economic issues Foreign Policy Congressional ethics ScandalsCongressional Powers & Witness Rights Subpoena Perjury Contempt Immunity Prior to the 1950s witnesses called before Congress had few protections or

rights. The McCarthy anit-Communist hearings of the 1950s and the actions of

HUAC provoked the American public & Congress to establish protections for people investigated in Congress.

McCarthy-not a nice man

Section 2: Investigations & Oversight contd.

1957 in Watkins v. United States ruled that Congress must respect witnesses Constitutional rights just as courts do.

1987 Iran-Contra scandal during the Reagan administration 1994 Whitewater investigation 2000 Enron collapse scandal

Legislative Oversight

The power of Congressional oversight involves a continuous review of how effectively the executive branch carries out the laws Congress passes.

Legislative Reorganization Acts of 1946 & 1970-”continuous watchfulness” over executive agencies.

Legislative oversight is often inconsistent-”pass it and forget it” Often fail to conduct oversight if the president is of the same party as the majority party

in Congress. No real political capital to be made in regular oversight, only scandals and sensational

topics-”where there is publicity to be gained there is oversight to be had.” Congress’ power to appropriate money is a powerful oversight. Often will use the General Accounting Office (GAO) to monitor the finances of

executive agencies.

Section 2: Investigations & Oversight contd.

1978-2000 Independent Counsel was used by Congress as an oversight technique

Authorized House or Senate judiciary committees to require the Attorney General to investigate charges of criminal wrong doing.

If sufficient evidence exists a 3 judge panel appoints an Independent Counsel.

1994 Ken Starr was appointed as Independent Counsel to investigate Whitewater, and then subsequently the Lewinsky scandal.