Section 2

1. Section 2 Investigation and Oversight

2. The Power to Investigate • The power to investigate was given to the government • Some things that the government investigated in the past are • The Titanic • Organized crime in the 1950’s • Steroid use in major league baseball

3. Investigations may be conducted by a standing committee or a select committee; these investigations can last for months. • Congressional investigations can occur for many reasons; in 1998 the Senate Finance Committee opened hearings on the IRS (Internal Revenue Service), which led to a vote of 97 to 0 for reforming the IRS’s tactics of collecting money. • Congress can even investigate its own people. • Investigations can lead to new laws to deal with a problem, reform a government program, or to the firing of officials. The Investigation Process

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

5. Rights of Congressional Witnesses • Congressional investigations are not trails. • Congressional committees can subpoena, a legal order that requires a person to appear, a witness. • Lying to these committees under oath is called perjury. • Witnesses may also be charged with contempt, meaning that they are willfully obstructing the committees work. • Until the mid-20th century, witnesses did not have many rights. • Now, witnesses are given immunity, which is the freedom from prosecution for people whose testimony ties them to criminal acts.

6. Oversight and Checks and Balances • An example of checks and balances would be when congress makes the laws, and the executive branch carries them out. • The Legislative Reorganization Act is when Congress watches over executive agencies. • Lawmakers have broad powers but tend to use their powers inconsistently, because they don’t have enough staff time. They also know that oversight does not interest many voters, unless it uncovers a scandal or major problem. Thirdly, some legislation and regulations a are so vague that it is difficult to know what they exactly mean. • Committees tend to favor the federal agencies they are supposed to oversee.

7. How Congress Limits the Executive • Veto- Provisions put in place by congress on some laws that allow congress to review and cancel the actions of the executive agencies carrying out those laws. • Government Accountability Office- (GAO)- Examines the finances of federal agencies to see if public money is being spent appropriately and legally. • 1946 Employment Act- Requires the President to send an annual report on the nation’s economy to congress. • Immigration and Naturalization Service v. Chadha- the Supreme Court ruled legislative veto unconstitutional because it violated the separation of powers.

8. Independent Counsel • Ethics in Government Act- Congress could demand the appointment of a special prosecutor, called the independent counsel. This law was put in place after the Watergate Scandal. • In 1999 this law expired and the attorney general has sole power to conduct ethics investigations of top officials.