Thursday, December 26, 2019

Congressional Oversight and the U.S. Government

Congressional oversight refers to the power of the United States Congress to monitor and, if necessary, change the actions of the executive branch, including the many federal agencies. The primary goals of congressional oversight are to prevent waste, fraud, and abuse, and to protect civil liberties and individual rights by ensuring that the executive branch complies with the laws and the Constitution. Derived from its â€Å"implied† powers in the U.S. Constitution, public laws, and House and Senate rules, congressional oversight is one of the key elements of the American system of checks and balances of power.   Key Takeaways: Congressional Oversight Congressional oversight refers to the power of the U.S. Congress to monitor and change, if necessary, the actions of the executive branch, including the many federal agencies.The main goals of congressional oversight are preventing waste, fraud, and abuse, and protecting rights and civil liberties.Congressional oversight is one of the â€Å"implied† powers granted to Congress by the â€Å"necessary and proper† clause of the Constitution.In empowering the legislative branch of government to oversee the executive branch, congressional oversight forms a key element of the system of checks and balances of power. The scope of Congress’ powers of oversight extends to virtually all programs, activities, regulations, and polices implemented by the presidential cabinet departments, independent executive agencies, regulatory boards and commissions, and the President of the United States. Should Congress find evidence that an agency has incorrectly applied or exceeded its powers, Congress can pass a law overruling the action or narrowing the agency’s regulatory authority. Congress can also limit an agency’s power by reducing its funding in the annual federal budget process.   Oversight Definition Dictionaries define â€Å"oversight† as â€Å"watchful and responsible care.† In the context of congressional oversight, this â€Å"watchful and responsible care† is applied through a wide variety of congressional activities, including detailed investigations of program spending appropriations and re-authorizations requests. Oversight may be conducted by standing and select congressional committees, and through reviews and studies conducted by congressional support agencies and staff.   In Congress, oversight comes in many forms including: Hearings and investigations conducted by the standing or special congressional committees;Consulting with or getting reports directly from the president;Giving its advice and consent for certain high-level presidential nominations and for treaties;Impeachment proceedings conducted in the House and tried in the Senate;House and Senate proceedings under the 25th Amendment should the president become disabled, or the office of the vice president becomes vacant;Senators and Representatives serving on presidentially-appointed commissions; andSpecial studies conducted by congressional committees and support agencies such as the Congressional Budget Office, the General Accountability Office, the Office of Technology Assessment, and the Congressional Research Service. Powers of Congress: When ‘Necessary and Proper’ While the Constitution does not formally grant Congress the authority to oversee the actions of the executive branch, oversight is clearly implied in the many enumerated powers of Congress. The power of congressional oversight is further reinforced by the â€Å"necessary and proper† clause (Article I, Section 8, Clause 18) of the Constitution, which grants Congress the power, â€Å"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.† The necessary and proper clause further implies that Congress has the power to investigate the actions of the executive branch. It would be impossible for Congress to apply its oversight powers without knowing whether federal programs are being administered properly and within their budgets and whether executive branch officials are obeying the law and complying with the legislative intent of the laws.   The U.S. Supreme Court has confirmed the investigative powers of Congress, subject to constitutional safeguards for civil liberties. In the 1927 case of McGrain v. Daugherty, the Court specifically found that, in investigating actions taken by the Department of Justice, Congress had constitutionally considered a subject â€Å"on which legislation could be had or would be materially aided by the information which the investigation was calculated to elicit.† Statutory Mandated for Congressional Oversight Along with the necessary and proper clause of the Constitution, several important laws provide broad mandates for the power of congressional oversight. For example, the Government Performance and Results Act of 1993 requires the executive agencies to consult Congress when developing their strategic plans and report on their plans, goals, and results at least annually to the Government Accountability Office (GAO).   Perhaps the most impactful, the Inspectors General Act of 1978 created within each executive branch agency an independent watchdog Office of Inspector General (OIG) assigned to investigate and report on problems of waste, fraud, and abuse to Congress. The Reports Consolidation Act of 2000 requires the OIGs to identify and report the most serious management and performance problems within the agencies they monitor.   Indeed, one of the first laws passed by the First Congress in 1789 established the Treasury Department and required the Secretary and the Treasurer to report directly to Congress on public expenditures and all accounts. Congressional Oversight Committees Today, as in the earliest days of the Republic, Congress exercises its power of oversight largely through its congressional committee system. The rules of both the House and Senate allow their committees and subcommittees to practice â€Å"special oversight† or â€Å"comprehensive policy oversight,† on issues relating to legislation under their jurisdiction. At the highest level, the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs, have oversight jurisdiction over virtually every area of the federal government.   In addition to these and other standing committees, Congress has the power to appoint temporary â€Å"select† oversight committees to investigate major problems or scandals within the executive branch. Examples of inquiries conducted by select committees include the Watergate scandal in 1973-1974; Iran-Contra affair in 1987; and the suspected acquisition of U.S. nuclear weapons by China in 1999.  Ã‚   Famous Examples of Congressional Oversight Over the years, government officials have been exposed and ousted, major policies have been changed, and the degree of statutory control over the executive branch has been increased as a result of Congress’ oversight powers. In 1949, a select Senate subcommittee discovered corruption within the administration of President Harry S. Truman. As a result, several agencies were reorganized and a special White House commission was appointed to investigate evidence of corruption in all areas of government.In the late 1960s, televised hearings of the Senate Foreign Relations Committee on the so-called Pentagon Papers solidified public opposition to continued U.S. participation in the Vietnam War, hastening the end of the conflict.Less than a year after details of the 1973 Watergate scandal were exposed, the House Judiciary Committees impeachment proceedings against President Richard Nixon resulted in his resignation from office.  More recently, during 1996 and 1997, the Senate Finance Committee investigated and confirmed whistleblower reports from Internal Revenue Service (IRS) tax collection agents that they had been pressured by their supervisors to harass citizens who claimed they had been wrongly accused o f owing unpaid taxes. As a result, Congress, in 1998, passed legislation to reform the IRS by creating a new independent oversight board within the agency, extending the rights and protections of taxpayers, and shifting the burden of proof in tax disputes from taxpayers to the IRS. In these and countless other cases, the power of congressional oversight has been essential in monitoring and checking the powers of the executive branch and helping improve the efficiency and cost-effectiveness of federal government operations in general. Sources Halchin LE (2012). â€Å"Congressional Oversight.† CRS report to Congressâ€Å"Congressional Oversight of the Executive.† Joint Committee on the Organization of Congress. US House of Representativesâ€Å"McGrain v. Daugherty.† Oyez.org

Tuesday, December 17, 2019

How Taxpayer Can Help A Claim Of Negligence Against The...

Taxpayer can also bring a claim of negligence against the Milwaukee Does. The question of the Does’ liability follows a very similar analysis of that of the City of Milwaukee, with a few exceptions. First, Bongo’s conduct in shooting the gun will likely be attributed to the Milwaukee Does as the operator of the event under the legal theory of respondeat superior. Second, in contrast to the City, the Does will likely not fall under a safe place because they do not own the arena. Rather, the Does will likely by subject to the traditional negligence standard of ordinary care. The legal theory of respondeat superior stands for the proposition that through vicarious liability a master may be liable for the acts of his or her servants in the course of his or her employment. Under this legal theory courts have found basketball teams labile for the actions of mascots employed by the team for the negligent acts of the mascot during the course of game. Accordingly, the Does can be found liable for the negligent acts of Bongo. A Wisconsin court is likely to find a team liable to spectators for the acts of its mascots and accordingly Taxpayer’s recovery against the Milwaukee Does will likely be successful. The Does most likely instructed Bongo to use the T-shirt cannon during the game as a promotional and entertainment event. Moreover, the Does benefit greatly from ticket sales and provided the mid-game entertainment as a means for increase the enjoyment of the game, resulting inShow MoreRelatedFundamentals of Hrm263904 Words   |  1056 Pagesto self-assessment, to a wealth of interactive visual and audio resources, WileyPLUS gives you everything you need to personalize the teaching and learning experience.  » F i n d o u t h ow t o M A K E I T YO U R S  » www.wileyplus.com ALL THE HELP, RESOURCES, AND PERSONAL SUPPORT YOU AND YOUR STUDENTS NEED! 2-Minute Tutorials and all of the resources you your students need to get started www.wileyplus.com/firstday Student support from an experienced student user Ask your local representativeRead MoreMarketing Mistakes and Successes175322 Words   |  702 Pagesabound, you and your students may find this somewhat unique and very readable, a book that can help transform dry and rather remote concepts into practical reality, and lead to lively class discussions, and even debates. In the gentle environment of the classroom, students can hone their analytical skills and also their persuasive skills—not selling products but selling their ideas—and defend them against critical scrutiny. This is great practice for the arena of business to come. NEW TO THIS

Monday, December 9, 2019

The Diverse Nature of Psychology free essay sample

Psychology itself attempts to define people’s behavior through aspects of the human minds ability to process information and stimulants. The diversity of psychology is very evident within the many different branches of the American Psychological Association, each addressing a unique perspective within psychology of understanding human behavior (Plante, 2011). This diversity within psychology, allows psychologists the ability to expand in all areas of explanation, assessment, and diagnoses, which furthers the science of psychology through many different subfield specialties. This paper will discuss the subfields of psychology, the importance of diversity, and the practical applications of psychological principles. The Impact of Diversity in Psychology Each of the major concepts within psychology emphasizes different parts of human behavior, such as the cognitive, social, spiritual, and unconscious factors, which contribute to a person’s behavior. One main defining feature of psychology is that it is a data based scientific study of behavior, in which each step of research used to procure knowledge has contributed to advancements in the development of sound theories within psychology. We will write a custom essay sample on The Diverse Nature of Psychology or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Three important features related to the science of psychology include the use of systematic empiricism, the production of public awareness, and the examination of problems (Plante, 2011). Psychology attempts to understand and explain psychological phenomenon using empirical techniques to advance scientifically. As the study of psychology progresses, it has further advanced into a diverse field. Subfields within Psychology Some of the major divisions of psychology include clinical psychology, psychotherapy, forensic psychology, industrial/organizational psychology, and environmental psychology. These major fields of psychology then branch off into subfields within psychology. One such example is Abnormal Psychology, which derives itself from roots in psychotherapy, clinical psychology and even neuroscience. Abnormal psychology studies abnormal behavior and psychopathology and emphasizes the research and treatment of mental disorders (Plante, 2011). Within Abnormal psychology there are further subtopics such as each individual mental illness and their implications on behavior, in addition to treatments for such disorders, illnesses and diseases which could also vary based on subtopic. Another good example of a subfield within psychology is Lifespan Development, which derives its roots from developmental psychology, the nature vs nurture psychological debate and behavioral psychology. Lifespan Development devotes it’s time to studying the effects of childhood development on human growth and the lifespan of an individual and their experiences. Lifespan development aids in the popular ideas of raising children and disciplining unruly teens. In addition Lifespan Development seeks to understand and justify adult behavior based on childhood experiences, and then retrain the adult to more practical behavioral practices. This type of theory can be applied in contemporary society through detention and juvenile delinquent facilities (Landrum Davis, 2010). Conclusion Psychology is a scientific study of behavior and mental processes. The discipline is divided into a variety of subfields, each focusing on specific areas of psychological functioning. The diversity of the discipline allows psychologists a broader array of speculation to advance in areas of understanding, prediction, explanation, and intervention measures. Psychological principles can be applied to a wide variety of human functioning including clinical diagnosis, personality measures, legal operations, phobia treatments, and many more. The discipline of psychology focuses on behavior and mental processes advancing the field with scientific techniques to help optimize the lives of others. The diverse character of the psychodynamic and cognitive-behavioral perspectives exemplifies the distinct nature of psychological perspectives, although both support the unifying goal of psychology to improve the quality of life for people and resolve human conflict. Although viewpoints and perspectives in the science of psychology sometimes appear different in nature, each attempts to address disease and disorder from its distinct scientific point of reference. Each perspective addresses human behavior from a distinct viewpoint, although none is an all-encompassing. Diversity permeates the major perspectives in psychology as well as their divisions and subtopics, which affects other disciplines as well as secular and popular thought. Abnormal psychology and lifespan development affect thought in education and neuroscience as well as other disciplines and fields of psychology (Plante, 2011).

Monday, December 2, 2019

The Landscape Reader

Landscape is the skill or art of organizing horizontal surfaces. It has emerged as a model for urbanization in the past few years. The architect behind this concept of urban model was James Corner. It is worth noting that this concept has greatly benefited from the intellectual and cultural revitalization. It has also become the most pertinent discipline in structural and city designs as well as planning.Advertising We will write a custom essay sample on The Landscape Reader specifically for you for only $16.05 $11/page Learn More The basis of landscape urbanism can be drawn from postmodern critics of modernist architecture and planning. They observed that modernism could not possibly come out with meaningful and livable public realm. Hence, postmodern architectural scenographic’s approach did not tackle the structural settings of developed modernity which seems to focus much on urbanism. However some designers argue out that landscaping is not ju st a formal model for urbanism today. However, it is also a model used in the process of urbanization. In this case, landscape is a medium which is capable of reacting in response to temporal change, transformation and any form of adjustment. Interestingly, the first schemes to disclose the prospective for landscape to function as a model for modern process were not produced in North America but in Europe. The 1982 Competition for parc de la Villette was among the first projects. During the wake of la Villette’s influence, the architectural culture was part and parcel of landscape’s role as a practicable framework for the contemporary city. Landscape urbanism does not merely present strategies for designs. It also grants a cultural category. This acts as a lens through which designers are able to see and explain the features of a contemporary city. Some of the advantages of landscape urbanism include conflation, integration and fluid exchange between environmental and infrastructural systems. The discipline of landscape architecture observes its historical and theoretical underpinnings while the general public is concerned with environmental issues. One can argue from the implication that landscape urbanism is a remediating practice. It brings solutions for the hurts of the industrial age. This fact is evidenced through the work of many contemporary landscape architects.Advertising Looking for essay on architecture? Let's see if we can help you! Get your first paper with 15% OFF Learn More Another major strategy of landscape urbanism is incorporation of transportation of infrastructure into public space. It provides public parks and highways. According to West 8 Landscape Architects, one of the multiple roles of landscape urbanism deals with reordering the relationships between ecology and infrastructure. Some of the international design competitions for industrial sites in North American cities have used landscape as their key medi um. Downsview Parks and Fresh Kills are critical examples. These two projects illustrate viable works of landscape urbanism. They are also remarkable for the company of landscape architects on interdisciplinary panels of consultants while the la Villette competitions named a single lead architect to oversee the whole project. These projects and the work of their competitors should be taken collectively in order to see the point of transformations that are underway. In addition, these transformations are changing the disciplinary and professional suppositions following the design of built environment. My thoughts concerning this reading are mainly on the fact that landscape urbanism is indeed an important undertaking which may not have received the much needed recognition in the field of architecture. This reading had laid down some of the most important issues concerning landscape urbanism as a medium to modern cities. In addition, it is imperative to note that it may not be advisab le for architects to ignore thorough consultations from other fields. Secondly, landscape discipline needs to be combined with professionalism in order to come up with trustworthy projects that put environmental issues into consideration. Lastly, it is essential to consider new projects that can transform landscape urbanism for the benefit of the public. This essay on The Landscape Reader was written and submitted by user Shania Kerr to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.