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Investigative Oversight: An Introduction to the Law, Practice and Procedure of Congressional Inquiry

Description: This report will provide an overview of some of the more common legal, procedural and practical issues, questions, and problems that committees have faced in the course of an investigation. Following a summary of the case law developing the scope and limitations of the power of inquiry, the essential tools of investigative oversight--subpoenas, staff interviews and depositions, grants of immunity, and the contempt power -- are described. Next, some of the special problems of investigating the executive are detailed, with particular emphasis on claims of presidential executive privilege, the problems raised by attempts to access information with respect to open or closed civil or criminal investigative matters, or to obtain information that is part of the agency deliberative process, and the effect on congressional access of statutory prohibitions on public disclosure. The discussion then focuses on various procedural and legal requirements that accompany the preparation for, and conduct of, an investigative hearing, including matters concerning jurisdiction, particular rules and requirements for the conduct of such proceedings, and the nature, applicability and scope of certain constitutional and common law testimonial privileges that may be claimed by witnesses. The case law and practice respecting the rights of minority party members during the investigative process is also reviewed. The report concludes with a description of the roles played by the offices of House General Counsel and Senate Legal Counsel in such investigations.
Date: April 7, 1995
Creator: Rosenberg, Morton
Item Type: Report
Partner: UNT Libraries Government Documents Department

Line Item Veto: A Constitutional Analysis of Recent Proposals

Description: This report discusses the Legislative Line Item Veto and its constitutional issues and the President’s rescission proposals must be enacted by both Houses and signed into law.
Date: April 17, 2006
Creator: Rosenberg, Morton
Item Type: Report
Partner: UNT Libraries Government Documents Department

Congressional Review of Agency Rulemaking: An Update and Assessment After Nullification of OSHA's Ergonomics Standard

Description: This report will provide a brief explanation of how the review scheme was expected to operate and describe how it has in fact been utilized. The possible reasons for the limited use of the review scheme thus far are assessed and congressional remedial proposals and other options are discussed.
Date: January 6, 2003
Creator: Rosenberg, Morton
Item Type: Report
Partner: UNT Libraries Government Documents Department

Congressional Review of Agency Rulemaking: A Brief Overview and Assessment After Five Years

Description: This report will provide a brief explanation of how the review scheme was expected to operate and describe how it has in fact been utilized. The possible reasons for the limited use of the formal review mechanism thus far are assessed and congressional remedial proposals and other options are discussed.
Date: March 6, 2001
Creator: Rosenberg, Morton
Item Type: Report
Partner: UNT Libraries Government Documents Department

Congressional Review of Agency Rulemaking: An Assessment After Nullification of OSHA's Ergonomics Standard

Description: This report will provide a brief explanation of how the review scheme was expected to operate and describe how it has in fact been utilized. The possible reasons for the limited use of the formal review mechanism thus far are assessed and congressional remedial proposals and other options are discussed.
Date: September 16, 2002
Creator: Rosenberg, Morton
Item Type: Report
Partner: UNT Libraries Government Documents Department

Congressional Intervention in the Administrative Process: Legal and Ethical Considerations

Description: This report briefly examines the currently applicable legal and ethical considerations and standards that mark the limits of interventions by Members of Congress. It reviews the judicial development and application of standards for determining whether congressional pressure or influence will be deemed to have tainted an agency proceeding. It concludes that the courts, in balancing Congress's performance of its constitutional and statutory obligations to oversee the actions of agency officials against the rights of parties before agencies, have shown a decided predilection for protecting the congressional prerogatives.
Date: September 25, 2003
Creator: Rosenberg, Morton & Maskell, Jack H.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Congress’s Contempt Power: A Sketch

Description: This report outlines the source of the contempt power, reviews major developments in the case law, and analyzes the procedures associated with each of the three different types of contempt proceedings.
Date: August 1, 2007
Creator: Rosenberg, Morton & Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Congressional Oversight of Judges and Justices

Description: This report addresses Congress’ oversight authority over individual federal judges or Supreme Court Justices. Congressional oversight authority, although broad, is limited to subjects related to the exercise of legitimate congressional power. First the report addresses the general powers and limitations on Congress’ oversight authority. Second, the report examines the Senate approval process for the nominations of individual judges or Justices, and the Senate’s ability to obtain information on judges or Justices during that process. The report also considers the limits of existing statutory authority for judicial discipline and how Congress has influenced such procedures. It discusses the issue of how far the congressional investigatory powers can be exercised regarding possible judicial impeachments. Finally, it treats investigations regarding the individual actions of a judge outside of the above contexts, such as how a judge imposes sentences under the United States Sentencing Guidelines.
Date: May 31, 2005
Creator: Bazan, Elizabeth B. & Rosenberg, Morton
Item Type: Report
Partner: UNT Libraries Government Documents Department

Abortion: Judicial and Legislative Control

Description: In 1973 the U.S. Supreme Court held that the Constitution protects a woman's decision whether or not to terminate her pregnancy, Roe v. Wade, 410 U.S. 113, and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision, Doe v. Bolton, 410 U.S. 179. But rather than settling the issue, the Court's rulings have kindled heated debate and precipitated a variety of governmental actions at the national, State and local levels designed either to nullify the rulings or hinder their effectuation. This brief discusses this ongoing issue, including related legislation and judicial history.
Date: October 13, 1981
Creator: Lewis, Karen J.; Rosenberg, Morton & Porter, Allison I.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Congressional Oversight Manual

Description: Throughout its history, Congress has engaged in oversight of the executive branch — the review, monitoring, and supervision of the implementation of public policy. The first several Congresses inaugurated such important oversight techniques as special investigations, reporting requirements, resolutions of inquiry, and use of the appropriations process to review executive activity. Contemporary developments, moreover, have increased the legislature’s capacity and capabilities to check on and check the Executive. Public laws and congressional rules have measurably enhanced Congress’s implied power under the Constitution to conduct oversight.
Date: October 21, 2004
Creator: Fisher, Louis; Kaiser, Frederick M.; Oleszek, Walter J. & Rosenberg, Morton
Item Type: Report
Partner: UNT Libraries Government Documents Department