<i>The Law</i>: “If Men Were Angels”: The Legal Dynamics of Overseeing the Executive Branch

Selin, Jennifer L.; Milazzo, Caylie

doi:10.1111/psq.12714

Cited by 2 publications

(3 citation statements)

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“…To legislate smarter on behalf of the American people, Congress needs to know whether the policies and programs it authorizes and funds are working as intended” (House Select Committee on the Modernization of Congress, 2021, p. 2). Viewed in this light, one could consider nearly any congressional attempt at gathering information about the state of the world as falling within the definition of oversight (Moore, 2022; Selin & Milazzo, 2021).…”

Section: What Is Oversight?mentioning

confidence: 99%

“…Thus, scholars should think of oversight as part of this complex system—from the startup process to discovery, presentation of evidence, and follow‐through (Johnson et al, 1992). And because oversight is a staged game, empirical examination of one point in the decision tree without recognition of the others can lead to incomplete conclusions about the nature of legislative review of the executive branch (Selin & Milazzo, 2021).…”

Section: The Process Of Oversightmentioning

confidence: 99%

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Keeping tabs on the executive

Selin

Moore

2023

Pres Stud Q

Self Cite

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Congress has long exercised its power to oversee the executive branch. Important research has examined empirical patterns in congressional investigations, finding institutional, individual, policy, and partisan incentives motivate legislative inquiry. Yet, scholars largely have overlooked one fundamental question: what is oversight? We use new quantitative and qualitative data to highlight the importance of considering oversight as a series of actions designed to serve both as a symbol and signal in the American separation of powers system. Our exploratory analysis suggests that Congress oversees the executive branch much more frequently and in more ways than previously considered by scholars.

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Section: What Is Oversight?mentioning

confidence: 99%

Section: The Process Of Oversightmentioning

confidence: 99%

Keeping tabs on the executive

Selin

Moore

2023

Pres Stud Q

Self Cite

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“…Importantly, concerns of insufficient government openness and political interference into access to government information transcend a single presidential administration and plague executive officials in the state, federal, and international context. The Trump administration is not the first administration to face criticism over its transparency practices (Arnold, 2014; Baron, 2019; Johnson, 2021a; Rozell, 1999; Rozell & Epstein, 2015; Selin & Milazzo, 2021; Wagner, 2019). However, the spotlight shone substantially brighter on transparency concerns given President Trump's unconventional presidential campaign, his presidential scandals, and his willingness to eschew presidential norms.…”

Section: Introductionmentioning

confidence: 99%

To preserve, release, and litigate: Dimensions of executive branch transparency

Johnson

George

2023

Pres Stud Q

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Transparency is essential for public awareness of government activity and in holding officials accountable for their behavior and decisions. However, executives understandably have a desire to maintain autonomy over the flow of information outside of the executive branch, which can sometimes lead to a clash between government openness and executive control over information. This article investigates executive branch transparency along two specific dimensions: threats to the preservation of government information, and the judicial monitoring of executive branch transparency. Federal law directs executive branch actors to preserve government information. Statutes and regulations detail governing policies as well as guidelines that apply to every presidential administration. However, we consider each rule and recommendation through the lens of the Trump administration to gain greater clarity and precision. The Trump administration proves a useful focus for our empirical analysis because of its recency as well as multiple reports of its improper handling and preservation of records. We lay out and develop a typology of threats to record preservation. Preservation conflicts have emerged across multiple presidential administrations and have become increasingly common and visible. Judicial monitoring of executive branch transparency has become a crucial tool to address the withholding of records. We show that federal judges can play a vital role in defining the boundaries of government transparency through their decisions in Freedom of Information Act (FOIA) litigation. The U.S. Department of Justice oversees and often leads the government's defense against FOIA actions. We find that federal judges are most likely to require executive branch responsiveness and disclosure when the judges' underlying policy preferences are most distant from that of the administration. Our findings should inform reforms to protect government transparency.

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The Law: “If Men Were Angels”: The Legal Dynamics of Overseeing the Executive Branch

Cited by 2 publications

References 46 publications

Keeping tabs on the executive

Keeping tabs on the executive

To preserve, release, and litigate: Dimensions of executive branch transparency

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