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Puno

Creation of and powers given to Joint Congressional Oversight Committee

o The power of Congress does not end with the nished task of

legislation. Concomitant with its principal power to legislate is the

auxiliary power to ensure that the laws it enacts are faithfully executedo Concept of oversight:

power of oversight emraces all activities undertaken y

Congress to enhance its understanding of and in!uence over the

implementationof legislation it has enacted concerns post-enactmentmeasures undertaken y Congress:

to monitor ureaucratic compliance with program

o"ectives

to determine whether agencies are properly administered#

to eliminate executive waste and dishonesty

to prevent executive usurpation of legislative authority to assess executive conformity with the congressional

perception of pulic interest. intrinsic in the grant of legislative power itself and integral to the

checks and alances inherent in a democratic system of

governmento Categories of congressional oversight functions

$crutiny

Purpose: determine economy and e%ciency of the

operation of government activities Passive process of looking at facts provided

&ased on power of appropriation of the congress

&est seen in udget hearings for '(( and conrmation of

appointments

Can also e used under $ection )) (rticle *+ of Consti

,-uestion hour Congressional investigation

+ntense digging of facts ,$ection )/ (rticle *+ of Consti

Once an in-uiry is estalished# investigating committee

has power to re-uire witnesses to answer any -uestion

pertinent to the in-uiry ut su"ect to right of against self0

incrimination

1imitations:

o must e in aid of its legislative functions

o must e conducted in accordance with duly

pulished rules of procedure

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o persons appearing therein are a2orded their

constitutional rights.

Powers:

o issue subpoena and subpoena duces tecum to a

witness in any part of the country# signed y the

chairperson or acting chairperson and the $peaker

or acting $peakero thirds ,)34 of all its memers constituting a

-uorum# punish for contempt any person who:o refuses# after eing duly summoned# to oey such

summons without legal excuseo refuses to e sworn or placed under a%rmation

o refuses to answer any relevant in-uiry

o refuses to produce any ooks# papers# documents

or records that are relevant to the in-uiry and are

in his3her possession5o acts in a disrespectful manner towards any memer

of the Committee or commits misehavior in the

presence of the committeeo unduly interferes in the conduct of proceedings

during meetings 1egislative supervision

allows Congress to scrutini6e the exercise of delegated

law0making authority# and permits Congress to retain part

of that delegated authority

the two previous powers look into past executive actions

while supervision is for the present

Congress exercises supervision over the executive

agencies through its veto power. +t typically utili6es

veto provisions when granting the President or an

executive agency the power to promulgate regulations

with the force of law. These provisions re-uire the

President or an agency to present the proposed

regulations to Congress# which retains a 7right8 to

approve or disapprove any regulation efore it takes

e2ect.

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1egislative veto has ) sides: necessary to maintain the

alance of power etween the legislative and the

executive ranches of government or undue

encroachment upon the executive prerogatives