Massive Congress Overreach: Defend Your Rights

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Congress Tuning Out the Will of the American People

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At what point does Congress’ obsession with the Muller Report and the Trump Witch Hunts Amount to Obstruction of Justice? Weeks ago, the world sighed a breath of relief. The redacted Muller Report was released to Congress and the Public. The American public was aware that there would be some House Democrats who would not let their witch hunt die. Moreover, we were also aware that, even prior to the report being released, some media outlets had already prepared statements.

Take the time to defend your rights.

These statements were about “bias” and how Attorney General William Barr was “protecting” the president (mainly by following the law). What we did not expect was the hostile subpoenas presented by committees in Congress calling for Barr to testify. These subpoenas have become a visible symptom of the disease of extremism that has infected the Congress of the United States of America.

The extremism in Congress is created by the authority of Congress. Which some in Congress feel is absolute. For example,
Nancy Pelosi declaring that she was equal in power to the president. This, of course, is because we, the people of the United States, are not holding the members of Congress and the Senate responsible for their overreach in power. This “power grab” by the political elites started in 1913 when the direct election of senators was initiated. For those that do not understand, Senators are not supposed to represent the people. They are supposed to represent the interests of the state.  

congress overreach

Massive Government Overreach is a Huge Issue

While this is a fine designation, it is an important one. With no one representing the states, the rights protected by the 9th Amendment have no guardians. This matter is made worse by a Supreme Court that believes in unprecedented federal power. At least the court over the last century. One of the abominations perpetrated upon the American people by the Supreme Court (using the unconstitutional power of judicial review) is the idea that Congress can set committees with judicial power and issue subpoenas.

The idea of Congress being able to have committees with judicial power stems from an early misreading of the United States Constitution. Specifically Article 1, Section 8. This article states that Congress may “constitute tribunals inferior to the Supreme Court.” In the early reading of this clause, the Congress feels that the committees that it has established as a point of administrative law a committee enacted by Congress is an “Article 1: Section 8 Tribunal” and thus has judicial powers (ignoring, of course, the separation of powers doctrine).  

Loose Interpretation of Law Gives Congress Unmitigated Power

The modern interpretation of this law is strengthened by the Pre-Civil War Era case of Anderson v. Dunn, which gives Congress the judicial power to subpoena. This concept was later codified in 1857 in an additional power grab by the legislative branch. While later court opinions limited the scope of committee authority (such as Wilkinson v. US), the courts unconstitutionally removed many of our Fourth, Fifth, Sixth and Seventh Amendment protections in the case of Journey v. MacCracken.

The case stated that the courts can not review congressional holdings of contempt. Moreover, it said that the convictions (and assessed punishments) cannot be released by Presidential pardon. Effectively under this “kangaroo court” mentality, “Mad” Maxine Waters could hold a member of the executive branch in contempt. Moreover, she could “recommend” the death penalty! Obviously, even the most rabid radical in Congress would not abuse this unbegotten power this way. However, as it stands the law still provides them this unmitigated power.

Congress Goes Around the Law to “Clog” Executive Process

Herein lies the problem. Congress has been given unbridled power in regards to their ability to call committee hearings, subpoena people within their subject matter and penalize people who do not abide by their rantings and ravings for information that may or may not exist. However, they are not above the law in regard to obstruction of justice. Article 1, Section 6 states that “for any speech or Debate in either house, they shall not be questioned in any other place.”

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However, it does not prevent the overall actions of Congress, in the present case the committee chairs, from being examined for abusing their power to obstruct lawful investigations into corruption. This, arguably, is what we are seeing happen in the House of Representatives as the legislative branch is flooding the White House and the Attorney General’s Office with requests for information; which has already been provided to the extent allowed by law. This has gone so far as to rank-and-file members of the House are even admitting that they will “clog” the arteries of executive progress with requests so that the President cannot advance his agenda.

The Crossroads for the American People

The United States is at a crossroads. With the Senate no longer representing the rights of the states and the House of Representatives clearly signaling that they are representing the political ambitions of the Democrat Party rather than the rights of the people, it falls on the people of the United States to defend their 9th and 10th Amendment Rights. We cannot remain silent on this issue and hope that Gallup will “poll” us as to our opinions and positions. We need to call and make our voices heard.

Take 10 minutes out of your day to call the Department of Justice (202-514-2000: switchboard: 202 353-1555: Comment line). Ask why prominent members of the Democrat Party are not under investigation for obstruction. If we look at the laughable “crimes” which the Trump administration is being lambasted for, we need to ask questions. For example, why the real crimes of knowingly disrupting the operations of the United States regarding criminal investigations, destruction of evidence and outright fraud against the American people are not under investigation. Take the time to defend your rights, while they are still your rights to protect.

Christopher W Smithmyer
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