Will a DemocraticCongress curbincreasingExecutive andJudicial powers?
How The Democrats Can Enforce Proper Congressional OversightBy Cliff Montgomery – Jan. 4th, 2007The American Spark welcomes the Democrats taking over both houses of the U.S. Congress on January 4th. Regardless of their political stripe, Americans and those throughout the world can only wish them the best during these trying times.One of the biggest questions concerning any new majority rule in Congress is whether the new majority will truly perform its oversight duties of the executive and judicial branches of the federal government–something that’s been recently lacking.We’ve decided to remind Democrats of their principal oversight duties by quoting below from an October 21st, 2004 Congressional Research Service (CRS) report:Purposes, Authority, and Participants“Throughout its history, Congress has engaged in oversight of the executive branch–the review, monitoring, and supervision of the implementation of public policy.”The first several Congresses inaugurated such important oversight techniques as special investigations, reporting requirements, resolutions of inquiry, and use of the appropriations process to review executive activity. Contemporary developments, moreover, have increased the legislature’s capacity and capabilities to check on and check the Executive. Public laws and congressional rules have measurably enhanced Congress’s implied power under the Constitution to conduct oversight.”Despite its lengthy heritage, oversight was not given explicit recognition in public law until enactment of the Legislative Reorganization Act of 1946. That act required House and Senate standing committees to exercise “continuous watchfulness” over programs and agencies within their jurisdiction.”Since the late 1960s, according to such scholars as political scientist Joel Aberbach, Congress has shown increasing interest in oversight for several major reasons. These include the expansion in number and complexity of federal programs and agencies; increase in expenditures and personnel, including contract employees; the rise of the budget deficitWhite House controlled by different parties. Major partisan disagreements over priorities and processes also heighten conflict between the legislature and the executive.”Congressional oversight of the Executive is designed to fulfill a number of purposes:— Ensure Executive Compliance with Legislative Intent“Congress, of necessity, must delegate discretionary authority to federal administrators. To make certain that these officers faithfully execute laws according to the intent of Congress, committees and Members can review the actions taken and regulations formulated by departments and agencies.— Improve the Efficiency, Effectiveness, and Economy of Governmental Operations“A large federal bureaucracy makes it imperative for Congress to encourage and secure efficient and effective program management, and to make every dollar count toward the achievement of program goals. A basic objective is strengthening federal programs through better managerial operations and service delivery. Such steps can improve the accountability of agency managers to Congress and enhance program performance.— Evaluate Program Performance“Systematic program performance evaluation remains a relatively new and still-evolving technique in oversight. Modern program evaluation uses social science and management methodologies, such as surveys, cost-benefit analyses, and efficiency studies, to assess the effectiveness of ongoing programs.— Prevent Executive Encroachment on Legislative Prerogatives and Powers“Beginning in the late 1960s, many commentators, public policy analysts, and legislators argued that Presidents and executive officials overstepped their authority in various areas such as impoundment of funds, executive privilege, war powers, and the dismantling of federal programs without congressional consent. Increased oversight–as part of the checks and balances system–was called for to redress what many in the public and Congress saw to be an executive arrogation of legislative prerogatives.— Investigate Alleged Instances of Poor Administration, Arbitrary and Capricious Behavior, Abuse, Waste, Dishonesty, and Fraud“Instances of fraud and other forms of corruption, the breakdown of federal programs, incompetent management, and the subversion of governmental processes arouse legislative and public interest in oversight.— Ensure That Executive Policies Reflect the Public Interest“Congressional oversight can appraise whether the needs and interests of the public are adequately served by federal programs, and thus lead to corrective action, either through legislation or administrative changes.— Protect Individual Rights and Liberties“Congressional oversight can help to safeguard the rights and liberties of citizens and others. By revealing abuses of authority, for instance, oversight hearings can halt executive misconduct and help to prevent its recurrence, either directly through new legislation or indirectly by putting pressure on the offending agency.”
