2006 Elections: Congressional Oversight of the Executive

2006 Elections: Congressional Oversight of the Executive

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Thursday February 16, 2006 · 9:55 AM PST

2006/02/16 · 09:55

As you know by now, yesterday, the House Judiciary Committee voted along party lines to REJECT a Resolution of Inquiry requesting that the Attorney General turn over copies of legal opinions and other documents concerning the NSA's warrantless surveillance program. The vote was 21-16 against the resolution.

In other words, Democrats on the Committee wanted Congress to exercise its Constitutional authority to conduct oversight of the Executive Branch but the Republican majority rejected that.

By this action, it seems quite clear once again that this Congress has given up any appearance of being a co-equal branch of government with the Executive.

More on the flip...

That said, eventually the other co-equal branch, the SCOTUS, will eventually (and inevitably) be asked to step in and rule on Bush's illegal actions. And regardless of how they rule, lasting damage to the Legislative branch will already have occurred.

How so, you ask?

Simply put, future Presidents will know that one of the three branches has been, for all intents and purposes, neutered. And since the President has the authority to appoint Justices to the Supreme Court, s/he can simply stack the court until they, too, become a rubber stamp for whatever s/he wants to do.

The solution? Divided government -- a Congress of the opposing party that will exercise its Constitutional authority:

If necessary, cut off funding for the President's programs
If necessary, sidetrack all business related to the President's agenda
If necessary, hold investigative oversight hearings (where the witnesses are put under oath).
If necessary, impeach and convict the President.

Until Congress re-asserts one or more of these Constitutional duties and responibilities, and/or until the opposing party captures a majority, the Executive Branch will collect more and more power in a way that the Framers deemed unwise and undesirable.

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