Monday, November 23, 2009

Congress--Question 9

9. Discuss how Congress oversees the bureaucracy and executive branch.

2 comments:

  1. One of the greatest beauties of the constitution was that it was developed so that it could last for very long time in that, no branch could get too much power because of checks and balances. The Executive Branch, Legislative Branch, and Judicial Branch all have powers that are related in the other two branches. Congress, in particularly, has a large role in overseeing the Executive Branch through congressional review, foreign policy, confirmation of presidential appointees, and the impeachment process.
    Congress is able to oversee the entire executive branch through hearings of members of the administration. Congress is not only able to oversee the executive branch as a whole, or the president and vice-president in particular, but each member of the bureaucracy under the President can also be examined through committee hearings within congress. Congress’s power to oversee the bureaucracy expanded in 1996 with the Congressional Review Act. This act allowed congress to override any new agency regulations within the bureaucracy of the President.
    Congress also checks the executive branch on foreign policy affairs. In order to officially declare war with other nations, congress must pass an act to do so. The executive branch does not have the power to declare war. Also, the Senate has all the power when it comes to treaties with other nations. Congress passed the War Powers Act in 1973, which requires Congressional approval of sending troops onto foreign land. However, Presidents Ford, Carter, and Reagan did not recognize the Act as legitimate and thereby essentially ignored it.
    Confirming a presidential appointment is another way congress is able to oversee the executive branch. The Senate must approve of most appointments made by the President, especially Judicial nominees. This forces the President to think very carefully about whom they appoint to serve on the Supreme Court as well as other courts. For example, a liberal President would want a Judge with a more Liberal record nominated to the Court. However, with the oversight of the Senate, such a proposal may not always be possible. Finally, congress has the power to impeach members of the executive branch, including the President and Vice-President. In order to carry out the impeachment, the Senate must obtain a two-thirds majority for impeachment. Only four presidents have had resolutions against them, and none of them have actually been impeached.
    The congressional oversight of the Executive branch is quite interesting because it certainly appears that congress has much more power over the Executive Branch than vice-versa. However, without the ability of congress to check the Executive Branch, the President could become entirely too powerful. This is one of the most important contributing factors to the preservation of the United States Constitution.

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