Reading Room Document
Constitutionality of Inspector General Legislation
The document is a memorandum opinion for the Attorney General regarding the constitutionality of H.R. 2819, which would establish an Office of Inspector General in six executive departments and five other executive establishments. The conclusion reached in the document is that the provisions in the bill violate the doctrine of separation of powers and are constitutionally invalid. The document outlines the major provisions of the bill, discusses the constitutional problems presented by those provisions, and recommends modifications to remedy those problems. The questions presented for review include the constitutionality of continuous oversight of executive agencies by the Inspector General, the Inspector General's divided obligations to the executive and legislative branches, and the President's power to remove Inspector Generals.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit