![]() McCarthy was ultimately censured by the Senate for his actions Court precedent - McGrain v Daugherty Actions were largely viewed as a perversion on the purpose of Oversight for political purposes Made accusations of improper behavior on political opponents and critics Resulting in thousands of Americans being terminated from various positions and even being imprisoned (2015) which reigned in the bulk collection activity of the Patriot Act NSA oversight vid McCarthyism Centered around the committees responsible for anti-communists investigations -> forms 2 committees ![]() Facilitated in large part the passage of the USA Freedom Act Were deemed illegal by the Federal Court Constituted an invasion of privacy with insufficient oversight and negligible national security benefits Staffers lacking sufficient security clearance were also not allowed to attend meetings/briefings Some in Congress had access to the program and collection tactics details however couldn't take notes or even discuss the programs outside of classified briefings President Obama points to Congressional Oversight as well Judicial Review in the collection of data (FISA Court) Concerned the large suspicionless collection of American's data: specifically phone and internet data "meta-data" (call logs and email traffic) Government surveillance programs and tactics were exposed by Edward Snowden in June 2013 NSA is controlled by the Department of Defense which falls under the Executive Branch "Legitimate task of Congress" NSA Oversight - Congress became critical of expansive powers of NSA Surveillance Programs established under the Patriot Act (2001) Congress's "power to investigate, even through a compulsory mechanism like a subpoena, is "inherent in the power to make laws."" Court held committees actions as legitimate Bank refused, said it was violation of first amendment Asked for records of United States Servicemen's Fund from bank It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes." Eastland v US Servicemen's Fund - Senate investigated Internal Security Act of 1950 Chief Justice Warren "The power of the Congress to conduct investigations is inherent in the legislative process. Agreed but wouldn't discuss those who left communist party First case to override privilege used by President or aides Watkins v US - Asked to testify before House Committee on Un-American Activities "The power of inquiry - with process to enforce it - is. Interpreted implied power of Congress to issue subpoenas as a result of investigations without even stating specific legislative laws as the purpose Refused to respond, held in contempt, upheld by Supreme Court unanimously ![]() Daugherty - Senate issued subpoena to A.G Daugherty's brother Mally S. ![]() Also that the investigation was fruitless because it could result in "no valid legislation" how has SC treated Congressional Oversight in its rulings? Supreme Court rulings focused on when congressional investigations/subpoenas were/are constitutional McGrain v. Miller wrote that Congress can't inquire into private citizens' lives Thompson - Congress subpoenaed Kilbourn for documents/testimony related to bankrupt banking firm legislative reorganization act of 1946 + legislative reorganization act of 1970 Legislative Reorganization Act of 1946 Directed House and Senate to "exercise continuous watchfulness" over programs and agencies under their jurisdiction Legislative Reorganization Act of 1970 Authorizes each standing committee to "review and study, on a continuing basis, the application, administration and execution of laws" Kilburn v. Constitutional basis for congressional oversight? - not enumerated in constitution
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