Similar, not quite the same. I agree wholeheartedly that everyone must
submit to the power of the Judiciary branch of government, which is
what has generally happened in these cases. However, it is quite
another thing for senior officials in the Executive branch to submit
to the will of the Legislative branch. There is a decent discussion of
the issues in USA Today:

http://www.usatoday.com/news/washington/2007-03-22-subpoena-showdown_N.htm?POE=NEWISVA

Note that Eisenhower won a fight to keep his aides from testifying
before the McCarthy hearings- the Executive, not the Judiciary.

This is not a partisan issue, it is a Consitutional issue of balance
of government. The Judiciary branch should be the arbiters of disputes
between the Executive and the Legislative branches, that is their
role.

I've just had a thought about how it could work:

1. Congress shall have the power to subpoena witnesses, including
members of the Executive branch, e.g. the White House (except the
President, who must be impeached)
2. The White House shall have the power to appeal the subpoena to
either the Supreme Court or the Federal Appeals Court for the District
of Columbia. (I'm tempted to say the appeal should always go the the
Supreme Court, but that could put a huge administrative burden on
them, so I'm thinking it should go to the appeals court)
3. The Court shall have the power to rule whether or not said
officials should appear before Congress.
4. The Court shall have the power to hold members of the White House
(excluding the President) in contempt for failing to appear before
Congress.
5. The Court shall have the power to hold members of Congress in
contempt for frivolous action (e.g. politicized subpoenas)

Reactions?



On Sat, Aug 2, 2008 at 7:18 PM, Maureen wrote:
> So did Nixon, and the Supreme ruled against him.  Have you never heard
> of Watergate?  Holding Nixon accountable certainly didn't "paralyze"
> the government.
>

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