Congress fulfils its oversignt function

Question 1

yes, legislative process ensures oversight

Answer 1

• FF intended process to be difficult as leg quality is more important than leg output
• bi party and bi cameral support due to SOP
• 2/3 supermaj from both chambers and 3/4 ratification from states
• reduce chance of exec rule

Question 2

further scrutiny from standing committees

Answer 2

• prevents knee jerk leg from being passed as comms have ability to scrutinise in detail
• power of colture motion and filibuster gives individual senators power to scrutinise bills by blocking
• cong can reject amend and delay presidential bills
• GOP lawmakers stopped trumps attempt to repeal obamacare

Question 3

process created more hurdles to passing leg than being good scrutiny

Answer 3

• 2021-2023 17k pieces of leg introduced, only 280 passed calculating to 1%
• previous cong 2-3% but continued decline
• filibuster lacks power over presidents as they can use executive orders
• obama dream was filibustered but obama used executive orders to pass parts of the act DAPA DACA

Question 4

can perform function during divided gov

Answer 4

• willing to scrutinise the administration
• almost all of senate rejections of presidential noms have been during divided gov
• rep controlled senate 2016 rejected obama nom Garland due to him being a lame duck, coming to end of term
• due to increased partisanship GOP members wanted to prevent a liberal judge regardless of their suitability

Question 5

approval ratings signif impact on oversight

Answer 5

• if ratings are high, less willing to get in the way of the elected mandate of a president
• after 9/11 bush popularity sky rocketed allowing him to pass the patriot act in 28 days increasing security powers
• after trumps 2nd inauguration ratings were at 47% higher than most presidents in 1st term
• led to 46 democ joining GOPS in house to pass taken riley act, detention of unauthorised immigrants

Question 6

when cong is unified, oversight can decrease significantly, as well as when approval ratings are low

Answer 6

• GW bush oversight “light” 1993-4
• democ controlled congress conducted 135 oversight hearings in comparison to 2003-4 repub congress where only 37 were held
  -only 3 comm in 117th cong had increased oversight activity in comparison to 116th as the gov changed from divided to united, most in favour of exec
• bush handling of social security reform 65% negative ratings and trumps all time low ratings during covid, easier to defy them
• biden low ratings and backlash from joe manchin led to his build back better act failing

Question 7

congress has oversight over domestic policy and power over executive

Answer 7

• 2019 mexican border wall blocked by democ house, passed resolution against it
• obama defeated when some of his party voted with GOP in house over trade adjustment assistance
• power of veto, obama defeated 2/3 supermaj 2016 on a law following families of the victims of 9/11 to sue saudi arabia in US courts
• could have vetoed due to obama being a lame duck

Question 8

congress power of confirming presidential appointments

Answer 8

• enumerated powers of oversight
• trump nominee 2016 army sec vincent viola
• withdrew his name after it was made clear the senate were going to ask him some difficult questions about his financial affairs

Question 9

exec has clear powers over foreign policy, cong weak

Answer 9

• exec agreements to bypass oversight function of senate ratifying treaties
• 2015 obama signed SCPoA concerning nuclear weapons in iran
• 2018 trump abandoned iran nuclear deal with little oversight
• cong not declared war since 1941 but AMS authorisations for use of military force instead - gives pres broad powers without need for subsequent votes in congress
• obama did not get frequent approval for military action in libya and ignored limit placed in War Powers Act to consult and inform congress
• trump beyond powers when he did not ask congress to assassinate Iranian general soleimani in 2020 he just went ahead and did it

Question 10

senate scrutiny is weak when confirming presidential appointments

Answer 10

• polarisation, most appt are confirmed
• 2016 head of environmental protection scott pruitt was a climate change denier but was still confirmed
• 2025 RFK jr appointed as health sec despite being a vaccine denier