Scrutiny of the Executive

Learning Objectives
To identify and explain the concepts
of scrutiny and oversight
To examine congressional checks on
the power of the executive

Warm Up
Does the president have to follow the
law?
Can he keep things secret even if
theyre a crime?

Definitions

Scrutiny
scrutiny n.
pl. scrutinies
1. A close, careful
examination or study.
2. Close observation;
surveillance.

Oversight
oversight (vr-st)n.
1. Watchful care or
management;
supervision.
2. Management by
overseeing the
performance or

Oversight of the
Executive Branch
an important
and positive
role to ensure
the executive
branch adheres
to limits to its
powers and
discharges its
duties in a
proper and

a polite phrase
for trying to
embarrass the
president and his
administration

Oversight of the
Executive Branch
Scrutiny of the executive branch is
an implied power of Congress
Absence of the executive from
Congress makes scrutiny difficult so
Congress has given itself specific
powers in addition to the existing
checks and balances by the
legislature on the executive

Checks & Balances

Che The
cks executive
on

Che
cks
by

The Amend/d
legi
elay/rejec
slat
t
ure
legislatio
n

Check
Amend/d
elay/reje
ct
legislati
on

Example
Rebuild
America
n Jobs
Act
filibuster
ed in
Senate
03/11/11
Override George
presiden W Bush
ts veto Medicare
Improve
ments
for
Patients
and
Provider

Amend/delay/reject legislation
Every Republican senator and a few Democrats
voted to maintain a filibuster, 51-49 -- far from
the 60 needed to bring the legislation to a vote.
Democratic Sens. Ben Nelson of Nebraska and
Joe Lieberman, an independent member of the
caucus, voted with Republicans.
Obama had urged Congress to pass the
infrastructure bill, called Rebuild America Jobs
Act, which he said would put hundreds of
thousands of construction workers back to work
on road, rail and airport projects.
The $60 billion bill investing in roads, bridges
and infrastructure, would have been paid with a
0.7% tax on Americans earning more than $1

Override Presidents Veto

110 or 4% of presidential vetoes have been
overturned
George W Bushs vetoes were overturned on 4
occasions (36% of his 12 vetoes); compare with Bill
Clintons vetoes being overturned on 2 occasions (5%
of his 37 vetoes).
The president with the most vetoes overturned was
Andrew Johnson with 15 vetoes overturned (52% of
his 29 vetoes).
Barack Obama has only vetoed 2 pieces of
legislation; neither of which have been overridden.
The most recent veto override in the US was 15th July
2008 by GWB who vetoed the Medicare
Improvements for Patients and Providers Act.
Overridden by House, 383-41 (283 votes required.)

Power of the Purse

House Speaker John Boehner introduced
House Resolution 292 in the House of
Representatives on 3rd June 2011 that
stated The President has not sought, and
Congress has not provided, authorization
for the introduction or continued
involvement of the United States Armed
Forces in Libya and that Congress has the
constitutional prerogative to withhold
funding for any unauthorized use of the
United States Armed Forces, including for

War Powers Clause

Article I, Section 8, Clause 11 of the
United States Constitution,
sometimes referred to as the War
Powers Clause, vests in the Congress
the power to declare war, in the
following wording:
[Congress shall have Power...] To
declare War, grant Letters of Marque
and Reprisal, and make Rules
concerning Captures on Land and
Water;

War Powers Resolution

After Vietnam, a debate emerged about the
extent of presidential power in deploying
troops without a declaration of war. A
compromise in the debate was reached with
the War Powers Resolution. This act clearly
defined how many soldiers could be
deployed by the President of the United
States and for how long. It also required
formal reports by the President to Congress
regarding the status of such deployments,
and limited the total amount of time that
American forces could be deployed without
a formal declaration of war (60-90 days).
Although the constitutionality of the act has
never been tested, it is usually followed,
most recently during the Iraq War. The only
exception was President Clinton's use of

War Powers Resolution

Although the constitutionality of the act
has never been tested, it is usually
followed, most recently during the Iraq War.
The only exception was President Clinton's
use of U.S. troops in the 78-day NATO air
campaign against Yugoslavia during the
Kosovo War.

Declare war
The Authorization for Use of Military Force
Against Iraq Resolution of 2002 was enacted
October16, 2002, and was a joint resolution
passed by the United States Congress
authorizing military action against Iraq.
There is still controversy regarding Obamas use
of American troops in the NATO led operations to
oust Libyan leader Colonel Gaddafi. The White
House argues that the limited American role did
not oblige the administration to ask for
authorization under the War Powers Resolution,
because U.S. operations do not involve
sustained fighting or active exchanges of fire
with hostile forces, nor do they involve U.S.

Ratify Treaties (Senate)

The New START (The New Strategic Arms
Reduction Treaty) is a treaty between the USA
and Russia limiting the nuclear arsenal
capabilities of Russia and the U.S. while allowing
for inspection.
Ratification required 67 votes in favour (out of
100 Senators).
On 22 December 2010, the U.S. Senate gave its
advice and consent to ratification of the treaty,
by a vote of 71 to 26 on the resolution or
ratification.

Investigation
The Solyndra Loan Investigation is examining
Obama's administration's authorization of a
$535 million loan guarantee to Solyndra
Corporation in 2009 as part of a program to spur
alternative energy growth. Solyndra and the
White House had originally estimated that this
government financing for Solyndra would help to
create 4,000 new jobs. Instead of creating those
4,000 jobs, the company ceased all business
activity, filed for Chapter 11 bankruptcy, and
laid-off nearly all of its employees in early
September 2011.
The House Energy and Commerce Committee
are involved in an on-going investigation into the

Impeachment, trial, conviction and

removal from office
Bill Clinton was impeached on 19th December
1998, by the House of Representatives on
articles charging perjury by a 228206 vote, and
obstruction of justice by a 221212 vote. Clinton
was acquitted by the Senate on February 12,
1999. The Senate vote fell short of the necessary
2/3 needed to remove him from office, voting 4555 to remove him on obstruction of justice and
50-50 on perjury.
Although Congress has impeached Samuel B
Kent (2009) and Thomas Porteous (2010)
this is not oversight/scrutiny of the executive
because they were judges, and therefore

Specific Powers
Congress has
the power to
Subpoena
documents
and testimony
Hold
individuals in
contempt
Illegal to lie to
Congress
Reject
presidential
nominees

Specific
Power
Subpoe
na
docume
nts and
testimo
ny
Hold
individu
als in
contem
pt

Example
Solyndra
documen
ts
Novembe
r 2011

Harriett
Miers
and
Joshua
Bolten
25.07.07
Illegal to Roger

Subpoena documents and testimony

The most recent subpoena for documents from
the White House was for documents relating to
the $535 million loan guarantee that the
administration shepherded for Solyndra.
However, the White House Counsel, Kathryn
Ruemmler, told the House Energy and
Commerce Committee and Subcommittee on
Oversight and Investigation that the request for
documents made by House Republicans a "vast
fishing expedition" and a "significant intrusion on
Executive Branch interests and refused to
comply with it.

Hold individuals in contempt

Contempt of Congress is the act of obstructing
the work of the United States Congress or one of
its committees. Historically the bribery of a
senator or representative was considered
contempt of Congress. In modern times,
contempt of Congress has generally applied to
the refusal to comply with a subpoena issued by
a Congressional committee or subcommittee
usually seeking to compel either testimony or
the production of documents.
The most recent people held in contempt of
Congress were Harriett Miers (White House
Counsel) and Joshua Bolten (White House Chief
of Staff) on 25th July 2007 by the House

Illegal to lie to Congress

Roger Clemens, seven-time winner of Major
League Baseballs Cy Young pitching award, was
charged with lying to Congress about using
steroids, joining a growing list of ballplayers
accused of cheating.
A federal grand jury in Washington indicted
Clemens, 48, on 19th August 2010 on six counts,
including obstructing Congress, making false
statements and perjury. If convicted, he faces as
much as 21 months in prison under U.S.
sentencing guidelines, prosecutors said
yesterday in a statement.

Reject presidential nominees

John G. Tower was nominated by Georg H W
Bush as Defense Secretary on 20th January 1989,
and was rejected by the Senate on 9th March
1989 by a vote of 47-53.
To replace Sandra Day OConnor on the US
Supreme Court Bush nominated Harriet Miers,
who was widely perceived as unqualified for the
position, and it later emerged that she had
allowed her law license to lapse for a time. The
nomination was immediately attacked by
politicians and commentators from across the
political spectrum. At Miers' request, Bush
withdrew her nomination on 27th October 2005.

How effective is Congress oversight of the

executive branch?
Check
Ef
fe
ct
iv
e
?
Amend/delay/re
ject legislation
Override
presidents
veto
Power of the
purse
Declare war
Ratify treaties
(Senate)