Kendall v. United States and the Inspector General Dilemma by Daniel Epstein
University of Chicago Law Review Online
The early Supreme Court decision of Kendall v. U.S. ex rel. Stokes et al. provides a foundation for evaluating contemporary issues in congressional oversight. With recent attention on the removal of Inspectors General, Kendall provides a framework for examining the authority of Inspectors General in investigating ministerial, rather than discretionary, activities of the Executive branch. However, as this essay argues, because IGs are executive officers with ministerially-established powers, the President can appropriately use his removal power as a check on IGs investigating discretionary activities of the Executive branch beyond the authorities established under the IG Act.
Daniel Epstein, Kendall v. United States and the Inspector General Dilemma, 2020 U. CHI. L. REV. ONLINE 1 (2020).