Does Congress has the right to oversee the work of both the executive and the judicial branches?

To ensure that one branch of the Federal does not become dominate over the others the Federal system of government was created with an internal set of checks and balances consisting of powers reserved specifically for each branch of the government.

Executive Branch Powers:

The Executive branch can veto acts of Congress by the President choosing not to sign the act into law. This allows the Executive branch some control over what laws Congress creates. The Executive branch has the ability to appoint Federal judges and issue pardons, which gives it influence over the actions of the Judicial branch.

Legislative Branch Powers:

The Legislative branch has the power to impeach and remove the President from office if the President has committed crimes of treason, high crimes, or misdemeanors. (Interestingly, the definitions of ‘high crimes and misdemeanors’ is not given in the Constitution which leaves open to debate as to what kinds of crimes fall under those categories.)   Congress can also override Presidential vetoes by voting on a law again and passing it with a 2/3 majority. Congress must approve the appointment of Federal judges, which allows them to influence who hold office in the Judicial branch.

Judicial Branch Powers:

The Judicial branch can declare acts of the President unconstitutional, which removes them from the law. The Judicial branch can also declare laws passed by Congress to be unconstitutional in whole or in part. These powers allow the Judicial branch to have influence on the actions of both the Executive and Legislative branches.

The role of the executive branch is to enforce the nation’s laws. The executive branch is led by the president, who is the commander in chief of the military and responsible for signing or vetoing laws presented to them by Congress. The executive branch also includes the vice president, who is the president of the Senate and will take over if the president cannot perform his duties, as well as the Cabinet, who are advisors to the president. The enforcement of laws in the executive branch is often performed by various federal agencies and departments.       

The website for the Office of the President of the United States contains a great deal of information on the current executives.

A White House publication on the executive branch includes information on the responsibilities of the president and vice president, the role of the Cabinet, and descriptions of the executive departments.

The American Presidency Project, hosted at the University of California, Santa Barbara, includes presidential papers, addresses, speeches, and more.

The Federal Register provides a database that contains information on presidential documents, including executive orders, proclamations, and other items.

THE GENERAL PRINCIPLES OF CONGRESSIONAL OVERSIGHT

What is the Basis for Congressional Oversight?

Congressional oversight is one of the most important responsibilities of the United States Congress. Congressional oversight refers to the review, monitoring, and supervision of federal agencies, programs and policy implementation, and it provides the legislative branch with an opportunity to inspect, examine, review and check the executive branch and its agencies. The authority of Congress to do oversight is derived from its implied powers in the U.S. Constitution, various laws, and House rules. In affirming Congress' oversight powers, the Supreme Court in McGrain v. Daugherty stated that "the power of inquiry � with process to enforce it � is an essential and appropriate auxiliary to the legislative function." In Watkins v. United States the Court described Congress' oversight power by stating that the "power of the Congress to conduct investigations is inherent in the legislative process. That power is broad." The Supreme Court also observed that "a legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change." The Legislative Reorganization Act of 1946 mandated that House and Senate committees exercise "continuous watchfulness" of the administration of laws and programs under their jurisdiction. The Legislative Reorganization Act of 1970 permitted House standing committees to "review and study, on a continuing basis, the application, administration and execution of laws" under its jurisdiction.

Why Does Congress Need to Do Oversight?

• Ensure executive compliance with legislative intent.
• Improve the efficiency, effectiveness, and economy of governmental operations.
• Evaluate program performance.
• Prevent executive encroachment on legislative prerogatives and powers.
• Investigate alleged instances of poor administration, arbitrary and capricious behavior, abuse, waste, dishonesty, and fraud.
• Assess an agency or official's ability to manage and carry out program objectives.
• Review and determine federal financial priorities.
• Ensure that executive policies reflect the public interest.
• Protect individual rights and liberties.
• Review agency rule-making processes.
• Acquire information useful in future policymaking.

What Do the Rules of the House Require of Committees With Respect to Oversight?

Clause 2(b)(1) of Rule X - Each standing committee, except Appropriations, shall review and study on a continuing basis the application, administration, and execution of all laws within its legislative jurisdiction.

Clause 2(d) of Rule X - Each standing committee is to submit its oversight plans for the duration of a Congress by February 15 of the first session to the Committees on Government Reform and House Administration. Not later than March 31, the Committee on Government Reform must report an oversight agenda.

Clauses 2(b)(2) and 5(d) of Rule X - Each standing Committee is authorized to require its subcommittees to conduct oversight in their jurisdictional areas or to create an oversight subcommittee.

Clause 1(d)(1) of Rule XI - Each committee must submit to the House, not later than January 2 of each odd-numbered year, a report on the activities of that committee for the Congress.

Clause 1(d)(2) of Rule XI - The survey of activities report must include separate sections summarizing the legislative and oversight activities of that committee during that Congress.

Clause 1(d)(3) of Rule XI - The oversight section of the survey of activities report must include a summary of the oversight plans submitted by the committee at the beginning of the Congress, a summary of the actions taken, recommendations made with respect to each such plan, and a summary of any additional oversight activities undertaken by that committee.

Clause 3(c) of Rule XIII - Committee reports on measures must include oversight findings separately set out and clearly identified.

****For further reference see "Congressional Oversight - A How to Series of Workshops", 106th Congress Rules Committee Print, June 28, July 12, and 26, 1999; "Congressional Oversight" by Frederick M. Kaiser (CRS), updated February 16, 1999 and the "Congressional Oversight Manual" (CRS), updated June 25, 1999.

Does Congress have the authority to oversee the executive branch?

What is Congressional oversight of the executive?

What are the powers of Congress in the Constitution?

Which actions by the executive branch have been declared unconstitutional?

What powers does Congress have to provide oversight over the executive and judicial branches?

Which of the following does Congress have the authority?

In what ways can Congress oversee the president quizlet?

What tools does the Constitution give Congress to oversee or keep watch on the other two branches of government?