Monday, June 10, 2019

Constitutional Oversight? Or Unconstitutional Overreach?

Witness the current "Accepted truth" that Congress has constitutional authority to exercise "Oversight" on President Trump and his administration.

Everyone says it and the courts have granted Congress such oversight powers, but they are not found in the Constitution.

The fact of the matter is that under our constitutional system of checks and balances, the presidency has a certain independence from the Congress, just as Congress has a certain amount of independence from the president.

"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."

That's because oversight is a so-called "Implied" power - not to be confused with an "Imaginary" power.

Search as you will through the "Foregoing powers," however, you will not find any reference to anything remotely like oversight of the executive branch.

One of the few undiluted constitutional powers granted to the president, oddly enough, is the power of the pardon - the use of which by Trump has made Democrats furious.


https://www.realclearpolitics.com/articles/2019/06/10/constitutional_oversight_or_unconstitutional_overreach_140520.html

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