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Chapter 6 Investigations and Oversight. Nick Almond Josh Huizenga Whit Kern Edward “Ned” Massey Carter “Peaches” Mayberry Evan McGill Jake Seaman. Legislative Oversight. Legislative Oversight- is the power to review executive branch activities on an ongoing basis.
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Chapter 6Investigations and Oversight Nick Almond Josh Huizenga Whit Kern Edward “Ned” Massey Carter “Peaches” Mayberry Evan 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
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)
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
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.