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Summary Congress v Parliament

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Congress v Parliament

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April 15, 2017
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Written in
2014/2015
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"The US Congress is a much more effective scrutinising body than the UK Parliament". Evaluate this view.


Para Key Points Key Points
1  Fundamental differences in political systems.  Add this - higher levels party loyalty, party
 Levels of scrutiny operate over Executives impacted upon. discipline, effective patronage + subservient 2nd
 US codified constitution - entrenches limits on executive = chamber - converse of these points - true in
advantage Congress - this framework is absent in Britain. Congress.
 Britain - Executive + legislature fused members either  Make Congress more effective scrutinising body.
chamber of Parliament.  Argue - congressional oversight only effective
 US - S.O.P ensure those being scrutinised + those carrying when Congress - not controlled by Presidents
it out - two separate groups. party + Congress = more partisan.
2  Select committees - reformed 1979.  Several outspoken hearings - highly critical of
 Resulting outcome - Cttee. = US counterpart, well gov. whips tried to remove her + reinstated after
resourced + sweeping powers. backbench rebellion.
 In past -system undermined party leaders.  Criticism DSC - influential position of chair -
 Make-up - similar to strengths in Commons = guaranteed, determined by whips - selected loyal MPs who
built in loyal majority. Members - vow of silence in tone down criticism, especially appointments -
committee hearings. most important DSC's.
 Mid-term elections - President rare majority own party.  Levels of scrutiny improved - Wright Committee
Duration of office term, even if he majority their loyalty be recommendations 2010 DSC chairs = elected
with constituents + interest groups. within party groups - secret ballot - (AV system).
 Removed committee members - too indep. Gwyneth  Candidates - rep. for indep.
Dunwoody reputation - indep. + Chair Transport Cttee  Remit - widened - scrutinise legislation + hearings
1997-08. on public appointments.
 Ministers ignored summons to attend unlike
American counter parts - no power of subpoena.
3  Gov. no obligation respond. British Cttee = poorly funded  Cttee - investigate actions/policies any member.
+ resourced = limited ability carry out research. Set of  G.W.Bush - national security 9/11 was
institutions - end up actively helping gov - neutralise investigated.
criticism.  Steny Hoyer D. - oversight activity low in 2003-04
 Select Cttee - 2 main ones - PAC - critiques gov. spending + only 37 investigative hearings.
50 reports per year. Headed by Margaret Hodge (Labour).  Bush lucky Republican party control both houses
 Liaison Cttee - grills PM twice a year - manner of all topics - coincided low congressional oversight levels.
from 32 chairs. (14/32 from official opposition).  Trend changed - mid terms 2006. Bush faced
 Congress oversight methods - less numerous but more feisty chairs - Patrick Leahy - Senate Judiciary
effective. Cttee.
 Senate - confirm appointments - judiciary, Executive  Robert Byrd D. "Congress is not a rubber stamp
appointments, cabinet etc - simple majority. or presidential lapdog, obedient +
 Power of investigation e.g. Nixon - Watergate + eventual unquestioning. oversight, among our most
impeachment + trial - Clinton Monica Lewinsky scandal. important responsibilities + oversight lacking far
 Rejection of appointments to judiciary - Harriett Myers too long".
2006.  Steny Hoyer 'Today..new day in Congress, see no
 Critics - confirmation of appointments - overtly politicised. evil, hear no evil, speak no evil, are over. US
 Reagan's nomination Robert Bork 1987 rejected by Congress no longer be potted plant/signer of
Democrat controlled Senate. blank cheques.'
4  Impeachment = ultimate check. Congress formally accuse  Congressional oversight - more assertive.
any Executive branch members + president. Passage of curbing legislation Case Act 1972,
 2 Presidents A. Johnson 1868 + Clinton 1998 impeached - War Powers Act 1973 + Budget + Impoundment
17 times 1789. Act 1974.
 HOR - power of impeachment + Senate conducts trial.  Congress declare war = problematic check.
 1998 -HOR passed 2 articles against Clinton - perjury +  War Powers Act 1973 - limit presidents use of
obstruction of Justice. troops unless Congress declare war or give
 Simple majority start impeachment process. 'specific statutory authorisation'.
 Found guilt - 2/3's majority accused person removed from  Congress sole power declare war - congress not
office. done since 1941.
 Clinton found 'not guilty' on both articles.  Senator Ron Wyden - CIA Director John Brennan
 3 federal judges 1980's - found guilty + removed. confirmation hearing objecting Obama's ability
 Nixon resigned rather than face certain impeachment + kill American citizens overseas - drone strikes
conviction by Senate over Watergate scandal. e.g. Yemen. Replied 'last resort' + Obama right
secretly assassinate under 'covert action law'

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