An Oversight Toolkit for the Congressional Minority

In the wake of the signing of the Declaration of Independence, the Founders set to the task of crafting a system of government that balanced the powers of the executive, legislative, and judicial branches.  As originally conceived, the United States government had a strong legislative branch with a weaker executive, much different from the executive powers exercised today.  Over time, the U.S. Constitution strengthened the executive powers of the President, but allocated a number of oversight tools to the legislative branch. This program discusses the evolution of those checks and balances from the Founding to present day, focusing on the problem of what occurs when a congressional majority is unwilling to exercise its oversight powers to check the executive branch and how vigorous use of the oversight tools available to the congressional minority have historically functioned to serve the important roles of: truth-telling, accurate record-keeping, and preventing fraud, waste and abuse. The presentation explores the historical foundation and legal authority for the minority’s exercise of oversight tools, including constitutional provisions, chamber rules in the House and Senate, and relevant memorandum from the Office of Legal Counsel. It then identifies and describes the oversight tools - both familiar and less heralded - available and considers their potential use.