{"id":238746,"date":"2024-07-12T18:05:14","date_gmt":"2024-07-12T22:05:14","guid":{"rendered":"http:\/\/stateofthenation.co\/?p=238746"},"modified":"2024-07-12T18:06:48","modified_gmt":"2024-07-12T22:06:48","slug":"constitutional-setback-for-legislative-checks-and-balances","status":"publish","type":"post","link":"http:\/\/stateofthenation.co\/?p=238746","title":{"rendered":"<h2>HUGE Constitutional Setback for Legislative Checks and Balances<\/h2>"},"content":{"rendered":"<p class=\"p1\"><span class=\"s1\">Renee Parsons<\/span><!--more--><\/p>\n<p class=\"p1\"><span class=\"s1\">While the recent House Floor debates mostly focused on adoption of the <a href=\"https:\/\/www.theguardian.com\/us-news\/article\/2024\/jul\/11\/save-act-voting-bill-passes-house\"><span class=\"s2\">SAVE Act<\/span><\/a> (<a href=\"https:\/\/clerk.house.gov\/Votes\/2024345\"><span class=\"s2\">221 \u2013 198<\/span><\/a>) which required all <a href=\"https:\/\/www.theguardian.com\/us-news\/article\/2024\/jul\/11\/save-act-voting-bill-passes-house\"><span class=\"s2\">Federal voters<\/span><\/a> to be American citizens, the debate on Attorney General Merrick Garland\u2019s <a href=\"https:\/\/www.congress.gov\/bill\/118th-congress\/house-resolution\/1344\"><span class=\"s2\">refusal to abide<\/span><\/a> by two legally issued subpoenas was at least of more critical Constitutional importance. <span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">The Garland subpoena (<a href=\"https:\/\/www.congress.gov\/bill\/118th-congress\/house-resolution\/1344\"><span class=\"s2\">HR 1344<\/span><\/a>) was to obtain an unredacted audio of Special Counsel Robert Hur\u2019s interviews related to Joe Biden\u2019s \u2018<i>willful mishandling of classified documents.\u2019<span class=\"Apple-converted-space\">\u00a0 \u00a0 <\/span><\/i><span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p2\"><span class=\"s3\">As the debate unfolded, it became quickly apparent that GOP House Members were in a fierce Constitutional defense of the Federal government\u2019s historic <a href=\"https:\/\/www.history.com\/topics\/us-government\/checks-and-balances\"><span class=\"s4\">checks and balances<\/span><\/a>.<span class=\"Apple-converted-space\">\u00a0 <\/span>Those checks and balances depend on<\/span><span class=\"s5\"> three separate branches of government, established by the US Constitution (Judicial, Legislative and Executive), separate and distinct from each other, to assure that <i>no one branch could become too powerful<\/i>.<\/span><span class=\"s3\"><span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">That idea should come as no surprise to any American, least of all any Member of Congress the debate that occurred on the House floor contradicted the historic precedent in order to protect a cognitively impaired President.<span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">The <a href=\"https:\/\/rollcall.com\/2024\/07\/11\/house-rejects-inherent-contempt-resolution-for-garland-over-tape-of-biden-interview\/\"><span class=\"s2\">Resolution<\/span><\/a> was sponsored by <a href=\"https:\/\/www.youtube.com\/watch?v=raknR3zaKu0\"><span class=\"s2\">Rep. Anna Paulina Luna<\/span><\/a> (Fla.) also Floor Manager, who explained the \u2018<a href=\"https:\/\/constitution.congress.gov\/browse\/essay\/artIII-S1-4-3\/ALDE_00013522\/\"><span class=\"s2\">inherent contempt<\/span><\/a>\u201d citation was first used in 1795 and upheld by the Supreme Court in 1821.<span class=\"Apple-converted-space\">\u00a0 <\/span>She was followed by Rep. Derek Van Orden (Wisc.) who spelled it out:<span class=\"Apple-converted-space\">\u00a0 <\/span>\u201c<i>the US is a Republic that is designed specifically and our duties articulated in the US Constitution &#8211; so when we are speaking to the Executive Branch as a co equal, we are not sending requests.<span class=\"Apple-converted-space\">\u00a0 <\/span>A subpoena is not an \u2018ask,\u2019 it is a task; and for the Attorney General of the US to completely ignore the Congress is unlawful and it cannot be tolerated<\/i>.\u201d<span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Van Order further suggested \u201c<i>This should be a bi partisan bill, as my Democratic colleagues have also been emasculated by the Attorney General<\/i>\u201d and that House Members need to<i> \u201cmake sure we are collectively respected members of Congress as articulated in the Constitution.\u201d<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">While Rep. Rich Fitzgerald (Ga.) added \u201c..<i>it is important to empower the legislative branch to do its duty; to have representation in its most basic way;\u2026a most epic debate exposing a President, how he thinks, what his mental capacity is and his ability to lead this great nation forward in the next four years.<span class=\"Apple-converted-space\">\u00a0 <\/span>This is about the survival of our nation, the representation of ideas, and about the health of the most powerful person in the world.\u201d<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">No doubt feeling threatened by the GOP lucid arguments, Rep. Jim McGovern, (Mass.) ranking member of the Rules Committee<i>, <\/i>declared that the Contempt Resolution was \u2018<i>a stupid resolution, Republican leadership knows this is a stupid resolution, their own members know this is a stupid resolution but they are beholden to the craziest MAGA Members in their conference. And so this is what we get, stupid Resolutions on the Floor because they are too chicken to stand up to extremism in their own party. This is about the Republicans weaponizing the Government to go after their political opponents. And it is sick, it is sick.\u201d<\/i> <span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">McGovern then listed Republicans who he claimed had refused to honor Congressional subpoenas, although he failed to identify those subpoenas as coming from the unconstitutional J6 Committee.<span class=\"Apple-converted-space\">\u00a0 <\/span>He continued \u201c<i>And now they have the nerve to come down here and lecture anyone about the Rule of Law.<span class=\"Apple-converted-space\">\u00a0 <\/span>Get Lost. Get Out of here with this nonsense. Our side respects the Rule of Law while the other side uses it as a phony talking point.<\/i>\u201d <span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Upon which the Chair gaveled McGovern \u2018<i>will the Gentlemen suspend.\u2019<\/i> Rep. Morgan Griffth (Va.) stood and requested the \u201c<i>words be taken down.<\/i>\u201d The Chair directed the Clerk to report the words. At which point, House audio went silent for almost half an hour when the following appeared on screen:<\/span><\/p>\n<p class=\"p3\"><span class=\"s6\">\u201c<\/span><span class=\"s7\"><i>WORDS TAKEN DOWN &#8211; During the course of debate, exception was taken to certain words used and a demand was made to have the words taken down. Mr. McGovern asked unanimous consent to withdraw the words. Without objection, the words were withdrawn<\/i><\/span><span class=\"s6\">.\u201d<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"> ***<\/span><\/p>\n<p class=\"p2\"><span class=\"s3\">Sparked by <a href=\"https:\/\/www.history.com\/topics\/us-government-and-politics\/three-branches-of-government\"><span class=\"s2\">Montequieu\u2019s<\/span><\/a> phrase \u2018<i>separation of powers<\/i>,\u2019<\/span><span class=\"s5\"> American author of the Constitution, James Madison spelled it out in the Federalist Papers in 1788<span class=\"Apple-converted-space\">\u00a0 <\/span>\u201c<i>The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elected, may justly be pronounced the very definition of tyranny<\/i>.\u201d<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">At issue was the GOP asserting that AG Garland was in contempt of Congress for refusing to provide the audio of an investigation that he initiated with <a href=\"https:\/\/thehill.com\/homenews\/4525955-biden-hur-transcript-special-counsel-classified-documents-report\/\"><span class=\"s2\">Special Counsel Robert Hur<\/span><\/a>. <span class=\"Apple-converted-space\">\u00a0 <\/span>The House <a href=\"https:\/\/www.congress.gov\/bill\/118th-congress\/house-resolution\/1334\/text\"><span class=\"s2\">issued a subpoena<\/span><\/a> to Garland on February 27, 2024 and asserted that Garland be fined $10,000 a day until he complies with the subpoena.<span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">The purpose of Hur\u2019s criminal investigation was to determine if there was a \u201c<i>willful mishandling of classified documents\u201d<\/i> conducted by Biden prior to assuming the Presidency in 2020. <span class=\"Apple-converted-space\">\u00a0 <\/span>two days of interviews in October, 2023.<span class=\"Apple-converted-space\">\u00a0 <\/span>While the <a href=\"https:\/\/www.nbcnews.com\/politics\/joe-biden\/full-text-robert-hur-biden-classified-documents-interview-pdf-rcna142956\"><span class=\"s2\">transcription<\/span><\/a> of the two day Biden interview was released for public, the document does not reveal the true, verbatim conversation of the entire investigation which is the concern of the GOP House Members.<span class=\"Apple-converted-space\">\u00a0 \u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Hur\u2019s description of Biden as a \u201c<a href=\"https:\/\/thehill.com\/homenews\/4525955-biden-hur-transcript-special-counsel-classified-documents-report\/\"><span class=\"s2\"><i>well meaning elderly man with a poor memory<\/i><\/span><\/a><\/span><span class=\"s2\"><i>\u201d<\/i><\/span><span class=\"s1\"><i> <\/i>does not adequately or specifically address why Hur ultimately refused to charge Biden or exactly the level of the President\u2019s deterioration. <span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Before any debate could even begin <a href=\"https:\/\/democraticwhip.house.gov\/floor-resources\/floor-updates\"><span class=\"s2\">Rep. Katherine Clark<\/span><\/a>, Minority Whip complained about all the time being taken to defend the Constitution, immediately offered a<span class=\"Apple-converted-space\">\u00a0 <\/span><a href=\"https:\/\/clerk.house.gov\/Votes\/2024346?RollCallNum=346&amp;BillNum=H.RES.1344\"><span class=\"s2\">Motion to Table<\/span><\/a> which failed on a 207 \u2013 209<span class=\"Apple-converted-space\">\u00a0 <\/span>vote.<span class=\"Apple-converted-space\">\u00a0 <\/span>There were a total of Seventeen<span class=\"Apple-converted-space\">\u00a0 <\/span>House Members Not Voting including <a href=\"https:\/\/clerk.house.gov\/Votes\/2024346?RollCallNum=346&amp;BillNum=H.RES.1344\"><span class=\"s2\">seven Republicans<\/span><\/a> while four Republicans voted with the Democrats in favor of the Motion. <span class=\"Apple-converted-space\">\u00a0 <\/span>They were Reps. Duarte (Calif), Joyce (Ohio), McClintock (Calif.) and Chair of the Intel Committee, Mike Turner (Ohio).<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Immediately after, Clark offered a <a href=\"https:\/\/clerk.house.gov\/Votes\/2024347?RollCallNum=347&amp;BillNum=H.RES.1344\"><span class=\"s2\">Motion to Refer<\/span><\/a> which would have referred the Motion to the Rules Committee.<span class=\"Apple-converted-space\">\u00a0 <\/span>That Motion failed on a vote of 211 \u2013 207 with fifteen Members Not Voting including <a href=\"https:\/\/clerk.house.gov\/Votes\/2024347?RollCallNum=347&amp;BillNum=H.RES.1344\"><span class=\"s2\">five Republicans<\/span><\/a> with the same four Republican Members voting with the Democrats in favor of the Motion. <span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">The debate on Luna\u2019s Resolution continued into the next day with the <a href=\"https:\/\/clerk.house.gov\/Votes\/2024353?RollCallNum=353&amp;BillNum=H.RES.1344\"><span class=\"s2\">final vote<\/span><\/a> of 204 \u2013 210 opposed to adoption of the Contempt citation.<span class=\"Apple-converted-space\">\u00a0 <\/span>There were nineteen House Members Not Voting with <a href=\"https:\/\/clerk.house.gov\/Votes\/2024353?RollCallNum=353&amp;BillNum=H.RES.1344\"><span class=\"s2\">eleven Republicans<\/span><\/a> while the same four Republicans continued to vote with the Democrats against the Contempt Resolution. <span class=\"Apple-converted-space\">\u00a0<\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Renee Parsons<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-238746","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts\/238746","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=238746"}],"version-history":[{"count":0,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=\/wp\/v2\/posts\/238746\/revisions"}],"wp:attachment":[{"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=238746"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=238746"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/stateofthenation.co\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=238746"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}