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Constitutional Oversight? Or Unconstitutional Overreach?

m.knox

Well-Known Member
Gold Member
Aug 20, 2003
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Of course it is unconstitutional overreach.... They hate that America voted Trump as our president. They aren't willing to accept it.

https://www.realclearpolitics.com/a...ght_or_unconstitutional_overreach_140520.html

In the current confrontation, Congress has issued numerous subpoenas to either force testimony from executive office employees (including the president’s former lawyer Don McGahn) or to obtain documents such as the private tax returns of citizen Donald Trump or the underlying evidence that Special Counsel Mueller obtained in his two-year investigation. There is substantial reason to believe that most if not all of those subpoenas violate executive privilege, yet Democrats have publicly declared that the president’s legal defense of his privacy and his presidency amounts to a coverup.

As one of many egregious examples, here was former Obama chief of staff Leon Panetta on the May 21 episode of “Hardball With Chris Matthews”:

”I can’t help but think that the president and the White House are just pushing themselves toward an impeachment by the way that they’re behaving. To take a blanket approach to absolutely no cooperation with the Congress when the Constitution makes clear that the Congress has oversight responsibility here and does have the right to look at the presidency to make sure that the presidency is abiding by the law of the land — to take a position that you’re not going to cooperate on any front is a slap in the face to our whole Constitution and its system of checks and balances.”

Sorry, Mr. Panetta, but the Constitution does not make clear anything about oversight responsibility. The theory of oversight responsibility in entirely the creation of the judicial branch and is not found anywhere within the four corners of the Constitution. Article I, Section 8, of the Constitution spells out the affirmative powers of Congress, mostly in rather restrictive, finite terms. Congress can borrow money. Congress can establish Post Offices. Congress can punish piracy. Congress can declare war. That sort of stuff. Nothing remotely close to oversight.

That’s because oversight is a so-called “implied” power — not to be confused with an “imaginary” power. It derives, we are told, from the “necessary and proper” clause included at the end of Article I, Section 8. That is also called the “elastic clause” because it has been stretched every which way to expand the power of Congress beyond recognition. Here is the full foundation on which the “oversight powers” of Congress rests:
 
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