Question

Question 1 (Essay Worth 50 points) (01.02, 01.03, 01.05, 01.07 HC) Against a backdrop of heightened public concern about government intrusions, six in 10 Americans favor extending the Patriot Act, but majorities oppose expanding it by adding new FBI powers to issue subpoenas and access U.S. mail. Fifty-nine percent in an ABC News/Washington Post poll favor continuing the additional investigative authority in terrorism investigations that was granted to the FBI starting in 2001. President Bush urged such an extension of the Patriot Act today. ABCNews.com, June 9, 2005 After reading the scenario, respond to A, B, and C below: (A) Describe a power Congress could use to address the information outlined in the scenario. (B) In the context of the scenario, explain how the power described in Part A can be affected by perspectives on one of the foundational principles of U.S. government. (C) In the context of the scenario, explain how the foundational principle in Part B affects the structure and function of the federal government.​

Answer 1

A) Congress could use its power of oversight to address the information outlined in the scenario. Oversight is the authority of Congress to conduct investigations into the actions of the executive branch, including its use of investigative authority granted by the Patriot Act. By holding hearings and requesting documents and testimony from executive branch officials, Congress can ensure that the FBI is using its investigative powers appropriately and not violating the civil liberties of Americans.

B) The power of oversight described in Part A can be affected by perspectives on the foundational principle of checks and balances. Checks and balances is the idea that each branch of government has the power to limit the actions of the other two branches, thereby preventing any one branch from becoming too powerful. Some people may argue that Congress should use its power of oversight to limit the actions of the executive branch and prevent it from abusing its investigative powers. Others may argue that Congress should not interfere with the executive branch's ability to investigate terrorism and should trust the FBI to use its powers appropriately.

C) The foundational principle of checks and balances affects the structure and function of the federal government by dividing power among the three branches and ensuring that no one branch becomes too powerful. This principle is reflected in the Constitution through the separation of powers and the system of checks and balances. By giving Congress the power of oversight and the ability to limit the actions of the executive branch, the Constitution ensures that the FBI's investigative powers are subject to scrutiny and that the civil liberties of Americans are protected. At the same time, the Constitution also ensures that the executive branch has the power to investigate terrorism and protect national security.