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
 Scandals
Congressional Powers & Witness Rights
 Subpoena
McCarthy-not a nice man
 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.
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.