Tag: checks and balances

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Accountability moral hazard national politics & policies responsibility U.S. Constitution

The Chicken-​Ostrich Congress

Congress, checks and balances, war, cowardice, responsibility, Afghanistan, president, presidential powers

Those who work for the president must tell the POTUS hard truths — on matters of war, most of all. Citizens must also be told hard truths. After all, we are, at least theoretically, the ultimate decision-​makers … the president works for us.

That was my point yesterday.

But when it comes to life-​and-​death decisions about war and peace, there is also a congressional check on executive power.

Well, theoretically.

The big problem isn’t chicken-​hawks in Congress, but chicken-​ostriches. Bird-​brained members of Congress implant their heads deep into the sand when it comes to foreign policy. 

Where is the congressional debate over what to do in Afghanistan, our nation’s longest war? Rather than helping shape policy, Congress gladly lets the commander-​in-​chief control every aspect of foreign and military policy.

This gives the president unitary war-​making power, anathema to the original character of our Republic, but it also means precious members of Congress are never held accountable for the disasters. After all, they didn’t do anything. 

When mistakes are made or policy fails, the legislative branch can hold hearings to carp and moan and pontificate for the TV cameras. 

American citizens, on the other hand, cannot so easily dodge the consequences of unaccountable foreign policies. In addition to engaging in military action in seven countries at present, the U.S. Government has pledged to defend another 50 countries, about one-​fourth of the world.

Should more conflicts erupt, Congress won’t fight them. But our sons and daughters will. 

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment government transparency moral hazard national politics & policies U.S. Constitution

Feckless, Indeed

House Oversight Committee, Jason Chaffetz, Justice Department, information, Congress, Executive Branch, Legislative Branch, checks and balances, secret, secrets

Last night, House Oversight Committee Chairman Jason Chaffetz (R‑Utah) appeared on Fox News’ Tucker Carlson Tonight, where Chaffetz was asked how he would know if the Justice Department fully complied with subpoenas issued by his committee for documents. 

“Look, we have a storied and horrific background on this,” explained the Utah representative, retiring after this, his fifth term in Congress. “You can go from everything from Fast and Furious to the Benghazi investigation, email, IRS, anything pretty much over the last eight years, which I’ve served in Congress, and I don’t believe we ever got a full production out of the Department of Justice or the State Department.”*

“I can issue a subpoena unilaterally. It’s part of my constitutional responsibility to provide that check and balance,” argued Chaffetz. “But that subpoena is only as strong as its ability to be enforced.” 

Problem? Enforcement requires Congress to work through the DOJ, part of the executive branch. Tricky … when the Department of Justice** itself is being subpoenaed. 

“You’ve seen, for instance, Judicial Watch,” Rep. Chaffetz noted. “Tom Fitton has much more power using a Freedom of Information Act, because he can get to the courts and the courts can force them.”

“The Department of Justice is afraid of a court; they’re not afraid of Congress.”

He added, “And we don’t use the power of our purse; we don’t beat it over their head and we don’t enforce it. And so it’s somewhat feckless, and it’s very frustrating as somebody who is chairman of the oversight committee.”

“Congress should have an expedited way to get to the courts to enforce those subpoenas,” Chaffetz offered. 

Why, then, doesn’t Congress enact such a process?

This is Common Sense. I’m Paul Jacob.

 

* “And that continues, by the way,” Chaffetz added. “One of my frustrations, with all due respect to the Trump administration, is that they have not loosened up the documents that we have been requesting for years.”

** Or, for that matter, any another executive branch agency.

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Accountability folly incumbents national politics & policies term limits

Authority and Accountability

Congress, war, powers, branches, checks and balances, Syria, Trump, accountability

Roll, Founding Fathers, roll over. The situation with Congress is grave.

You designed three branches of government, each to check the others’ power. The first branch, and the most essential, is Congress. It not only controls the purse strings, but also the power to declare war.

But today’s Congress cannot even muster the courage to regulate the use of military force through legislation such as the War Powers Act or by passing an AUMF — an Authorization for the Use of Military Force.*

Yesterday on NBC’s Meet the Press, host Chuck Todd raised the issue of whether a new AUMF was necessary after the attack on Syria, especially for any further action. And would Congress dare to debate a new AUMF? 

“I don’t think anybody wants a vote on this,” remarked Danielle Pletka, a defense and foreign policy expert at the American Enterprise Institute. She pointed out that any action would put Congress in line for blame should problems arise. “Look, the problem for Congress is … There’s no percentage for them.”

“If Congress doesn’t exert its authority here,” Todd offered, “then they’re ceding it.”

“Yes,” agreed National Review Editor Rich Lowry. “This is something the founders never counted on, that you’d have one branch of government that didn’t want to protect its prerogatives because too much accountability would be involved.”

Must the very foundation of our Republic always take a backseat to the personal political interests of professional politicians? Career congressmen disdain leadership, preferring to lead the cheers when things go well and criticize when they don’t.

Another important reason for term limits.

This is Common Sense. I’m Paul Jacob. 

 

*The AUMF passed after 9/​11 gave the president authority to go after Osama Bin Laden and al-​Qaeda. It has become a catch-​all authorization due to congressional fear of being held accountable for authorizing — or not — any new use of military force. Instead, Congress has simply pretended that President Obama’s regime-​change military intervention in Libya and the military actions against the Islamic State fit under the post‑9/​11 AUMF. 

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Illustration includes photo by Petras Gagilas on Flickr

 

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Townhall: The Court v. The People

Over at Townhall, your weekly Common Sense column surveys the current divisions — not so much on the Supreme Court (they change), but in the federal union itself. There are a few keywords worth thinking about: nullification, interposition, delegated powers, unenumerated rights, and (go full-​blooded, here) “checks and balances.”

Townhall’s where to go. But here’s where to come back.