Fordham Law Review Volume 89 Issue 2 Article 7 2020 Congressional Overspeech Josh Chafetz Professor of Law, Georgetown University Law Center. Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Josh Chafetz, Congressional Overspeech, 89 Fordham L. Rev. 529 (2020). Available at: https://ir.lawnet.fordham.edu/flr/vol89/iss2/7 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. ARTICLES CONGRESSIONAL OVERSPEECH Josh Chafetz* Political theater. Spectacle. Circus. Reality show. We are constantly told that, whatever good congressional oversight is, it certainly is not those things. Observers and participants across the ideological and partisan spectrums use those descriptions as pejorative attempts to delegitimize oversight conducted by their political opponents or as cautions to their own allies of what is to be avoided. Real oversight, on this consensus view, is about fact-finding, not about performing for an audience. As a result, when oversight is done right, it is both civil and consensus-building. While plenty of oversight activity does indeed involve bipartisan attempts to collect information and use that information to craft policy, this Article seeks to excavate and theorize a different way of using oversight tools, a way that focuses primarily on their use as a mechanism of public communication. I refer to such uses as congressional overspeech.