3/27/2023 0 Comments Oversight function![]() or to ensure that existing laws are being properly administered (what may be referred to as the oversight function.) 5 Footnote Watkins v. 178, 200 n.33 (1957) (noting that “rom the earliest times in its history, the Congress has assiduously performed an ‘informing function’” the purpose of which is to “inquire into and publicize corruption, maladministration or inefficiency in agencies of the Government” ) (emphasis added). ( “Valuable and desirable as it may be in broad terms, the transmittal of such information by individual Members in order to inform the public and other Members is not a part of the legislative function or the deliberations that make up the legislative process.” ) But see Watkins v. ![]() While the self-informing function is clearly a valid justification for exercise of the investigative power, the public-informing function sits on less certain ground. perceives it to be the duty of Members to tell the public about their activities.” ). 111, 132 (1979) ( “Advocates of a broad reading of the “informing function” sometimes tend to confuse two uses of the term ‘informing.’ In one sense, Congress informs itself collectively by way of hearings of its committees. While Congress’s investigative tools can be used to achieve a number of different purposes, congressional practice suggests that legislative inquiries primarily serve to either gather information valuable for considering and producing legislation (what may be called the self-informing or legislative-informing function) 4 Footnote Congressional investigations have previously served to either inform Congress itself (for purposes of a legislative function) or to inform the public. Included within the scope of the power is the authority to initiate investigations, hold hearings, gather testimony or documents from witnesses, and, in situations where either a government or private party is not forthcoming, compel compliance with congressional requests through the issuance and enforcement of subpoenas. For a discussion of other constitutional limitations on congressional investigations see CRS Report R元0240, Congressional Oversight Manual, by Christopher M. We have made it clear that Congress is not invested with a ‘’general’ power to inquire into private affairs.’ The subject of any inquiry always must be one ‘on which legislation could be had.’” ) (citations omitted). 491, 504 n.15 (1975) ( “Although the power to investigate is necessarily broad it is not unlimited. ![]() United States Servicemen’s Fund, 421 U.S. Congress’s oversight function is subject to a variety of legal limitations. at 175 ( “A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change and where the legislative body does not itself possess the requisite information-which not infrequently is true- recourse must be had to others who do possess it.” ). ![]() This implied constitutional prerogative to gather information related to legislative activity is both critical in purpose, as Congress “cannot legislate wisely or effectively in the absence of information,” and extensive in scope, as Congress is empowered to obtain pertinent testimony and documents through investigations into nearly any matter. 135, 174 (1927) ( “We are of opinion that the power of inquiry-with process to enforce it-is an essential and appropriate auxiliary to the legislative function.” ). Although the “power of inquiry” was not expressly provided for in the Constitution, it has nonetheless been acknowledged as “an essential and appropriate auxiliary to the legislative function” derived implicitly from Article I’s vesting of “legislative Powers” in the Congress. 440, 441 (1951) (describing the power of investigation as “perhaps the most necessary of all the powers underlying the legislative function” ). ![]() William Fulbright, Congressional Investigations: Significance for the Legislative Process, 18 U. 1913) (asserting that the “informing function of Congress should be preferred even to its legislative function” ). 109, 111 (1959) Woodrow Wilson, Congressional Government 303 (15th ed. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.Ĭongress’s power to conduct investigations stands on equal footing with its authority to legislate and appropriate. ArtI.S8.C18.7.1 Overview of Investigation and Oversight Power of Congress ![]()
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