Congress's Oversight Power: Where Does It Come From?

The US Constitution does not explicitly grant Congress oversight power, but this authority is implied in the legislature's power to appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove from office the president, vice president, and other civil officers. Congress's oversight function is subject to legal limitations, and it cannot investigate private affairs. The Supreme Court has affirmed Congress's investigative power on several occasions, and Congress has exhibited a broad understanding of its investigatory powers since the 19th century.

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Congress's oversight function is subject to legal limitations

Congressional oversight is oversight by the United States Congress over the executive branch, including the numerous U.S. federal agencies. Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress exercises this power largely through its congressional committee system.

Congress's oversight function is subject to a variety of legal limitations. Although the power to investigate is necessarily broad, it is not unlimited. In Eastland v. United States Servicemen's Fund, the court made it clear that Congress does not have a "general power to inquire into private affairs". The subject of any inquiry must be one "on which legislation could be had".

The Supreme Court has confirmed the oversight powers of Congress, subject to constitutional safeguards for civil liberties, on several occasions. In 1927, the court found that in investigating the administration of the Justice Department, Congress had the authority to consider a subject "on which legislation could be had or would be materially aided by the information which the investigation was calculated to elicit".

The necessary and proper clause of the Constitution also allows Congress to enact laws that mandate oversight by its committees, grant relevant authority to itself and its support agencies, and impose specific obligations on the executive to report to or consult with Congress, and even seek its approval for specific actions.

Congress's oversight authority derives from its implied powers in the Constitution, public laws, and House and Senate rules. It is an integral part of the American system of checks and balances.

Congress's implied powers

The implied powers of Congress are integral to the system of checks and balances in the American political system. They enable Congress to oversee the executive branch, ensuring efficient and lawful administration. This oversight function allows Congress to gather information, investigate matters, and make informed legislative decisions. However, it is subject to legal limitations, excluding inquiries into private affairs.

The power to investigate and gather information is derived from Article I's vesting of legislative powers in Congress. This implied prerogative is crucial for effective lawmaking, as Congress needs relevant information to legislate wisely. The Supreme Court affirmed Congress's investigative power in 1927, subject to civil liberties protections.

The philosophical underpinnings of oversight emphasise its significance in a representative democracy. John Stuart Mill, a British Utilitarian philosopher, considered oversight a key feature of a meaningful representative body, ensuring the government's accountability. Woodrow Wilson, as a young scholar, equated oversight with lawmaking, highlighting its importance in legislative functions.

Congress's investigative powers

Congress's oversight authority is implied in its array of enumerated powers, including the power to appropriate funds, enact laws, raise and support armies, provide for a navy, declare war, and impeach and remove the president, vice president, and other civil officers. In 1927, the Supreme Court affirmed Congress's investigative power, ruling that Congress had the authority to investigate the administration of the Justice Department as it was considering a subject "on which legislation could be had or would be materially aided by the information which the investigation was calculated to elicit".

Congress has exhibited a broad understanding of its investigative powers, particularly in regard to overseeing the Executive Branch. Throughout history, both the House and Senate have engaged in ongoing oversight of the Executive Branch, setting important precedents. For example, inquiries have established Congress's authority to inquire into the expenditure of appropriated funds, activities of state officials, and operations of the military and post office.

Congress can also use its appropriations power to restrict an agency's funding or narrow its regulatory authority. For instance, in the 1980s, Congress narrowed the regulatory discretion of the U.S. Environmental Protection Agency using detailed substantive criteria to limit EPA rulemaking.

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Congress's authority to oversee the Executive Branch

The Supreme Court has affirmed Congress's investigative power on several occasions, subject to constitutional safeguards for civil liberties. For example, in 1927, the Court found that Congress had the authority to investigate the administration of the Justice Department, as it was considering a subject "on which legislation could be had or would be materially aided by the information which the investigation was calculated to elicit".

Congress's oversight authority is also implied in its express powers under the Constitution, such as its power to appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove from office the President, Vice President, and other civil officers. Congress could not reasonably exercise these powers without knowing what the executive branch is doing, how programs are being administered, and whether officials are obeying the law and complying with legislative intent.

In recent years, Congress has explored ways to modernize its oversight operations, including regulatory oversight and congressional legal representation when working with the executive branch. Congress can also use its appropriations power to restrict an agency's funding or narrow its regulatory authority. For example, in the 1980s, Congress narrowed the regulatory discretion of the U.S. Environmental Protection Agency using detailed substantive criteria to limit EPA rulemaking.

Congress's ability to oversee the executive branch rulemaking process

Congress's oversight authority is derived from the US Constitution, public laws, and House and Senate rules. While the Constitution does not explicitly grant Congress the authority to conduct inquiries or investigations of the executive branch, it is implied in Congress's array of enumerated powers. These include the power to appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove the President, Vice President, and other civil officers.

Congress's ability to oversee the executive branch's rulemaking process is essential to its legislative functions. Congress cannot reasonably or responsibly exercise its powers without knowing what the executive is doing, how programs are being administered, by whom, and at what cost. This includes oversight of federal rulemaking, the process used by federal agencies to formulate, amend, or repeal a rule or regulation.

Congress has broad oversight and investigative authorities, allowing it to obtain pertinent testimony and documents through investigations into almost any matter. This power of inquiry is critical, as Congress cannot legislate wisely or effectively without information related to legislative activity. However, Congress's oversight function is subject to legal limitations. While it can investigate a wide range of issues, it does not have unlimited power to inquire into private affairs.

To enhance its oversight of the executive branch, Congress has considered various options. These include creating a new entity, such as a Congressional Office of Regulatory Review, revising the existing regulatory process, or altering existing functions. For example, Congress could require agencies to conduct additional analyses during the rulemaking process. However, these options come with trade-offs, such as increased costs or duplication of services.

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