Chapter 6Investigations and Oversight

Nick AlmondJosh Huizenga

Whit KernEdward “Ned” Massey

Carter “Peaches” MayberryEvan McGill

Jake Seaman

Legislative Oversight

• Legislative Oversight- is the power to review executive branch activities on an ongoing basis.

• The executive carries out the laws through a huge bureaucracy of multiple agencies and hundreds of public officials.

• The oversight power of congress can be focused on a wide array of programs and officials.

• Legislative oversight is a great example of how the system of checks and balances works.– Examples:

• Congress makes the laws • Executive branch carries out the laws • Executive branch interprets what the law means in a

practical sense • Congress can later check how the executive branch had

administered the law, and decide whether is met the law’s goals

• The 1946 legislative reorganization act- asked congress to exercise “continuous watchfulness” over executive agencies.

• Congress exercises oversight power by using legislative veto

Power to Investigate

• The performance and ethics of government officials and organizations are often under review

1972

• Congress launched its first true investigation of performance after the US Army was quickly defeated by the Native Americans.

High Profile Government Investigations

• The sinking of the Titanic (1912)

• Organized crime in the 1950’s

• Steroid use among baseball players

• Government investigations often lead to new laws or reform of government programs

The Investigation Process

• The government sets up investigative committees– These committees collect evidence and

schedule witnesses– 1998- Senate finance committee

investigation on IRS collection methods• Led to unanimous vote for IRS reform

• 2003 Congressional review of Abu Ghraib prison

Rights of Congressional Witnesses

• Committees are similar to courts

• Congressional Committees have the power to subpoena witnesses

• Committees can require witnesses to testify under oath

• Committees can hold witnesses in contempt

• In 1957, The Supreme Court ruled that Congress must respect a witness’ Constitutional rights just as the court does

• Witnesses can be granted immunity and then can be required to testify– In 1987, Colonel Oliver North was given

immunity to testify against members of the Reagan Administration

Investigation Process

• Schedule- Committee staffers often travel around the country to collect evidence and schedule witnesses.

• Schemes- One of the biggest investigations in recent years was Jack Abramoff, a lobbyist convicted of corrupting public officials. Others were convicted as a result of his schemes, including the deputy of a cabinet member and representative Bob Ney.

Subpoena- a legal order that requires a person to appear or produce requested documents. Congress frequently uses this power.

Perjury- lying under oath. Witnesses that do not tell the truth in court can be criminally prosecuted under this offense.

Contempt- Committees may also punish those who refuse to testify or otherwise not cooperate.

Immunity- freedom from prosecution for people whose testimony ties them to criminal acts.

• Legislative Veto- Congress put provisions into some laws that allowed it to review and cancel actions of the executive agencies carrying out those laws.