Congressional Investigations and Oversight

Book excerpt: This book examines the legal and policy issues surrounding congressional investigations through a series of case studies, with an emphasis on the second half of the twentieth century to date. The new and updated second edition covers significant developments from the Obama and Trump administrations, including the two Trump impeachments, the January 6 Committee investigation of the 2021 insurrection at the U.S. Capitol, and recent Supreme Court decisions on congressional investigative powers. The book is organized by case study topic, with each chapter using two or three case studies to introduce and analyze a discrete area of legal authorities and policy issues. The central thesis and organizing principle of the book is the importance of effective congressional oversight and investigative activities in our American democratic system of government, especially in the aftermath of the disputed 2020 presidential election. In addition to collecting legal authorities, the book includes relevant historical information and structural analysis of government functions, with an emphasis on separation of powers issues. The use of a case study format, rather than a traditional law school casebook format, is intended to present the subject matter in a way that can be used to teach undergraduate and graduate school courses as well as law school courses. The authors combine original congressional and judicial source materials with book excerpts and explanatory text, as well as notes and questions for each case study, to make the subject matter accessible to graduate and upper-level undergraduate students in government and political science courses, as well as to law students.