Wednesday, May 15, 2013

The IRS and AP Investigations and Their Crimes ... James Madison Said It Best in Federalist #51 0n February 6, 1788

Our three branches of government are the executive, legislative and judicial as contained in the U.S. Constitution. They are both independent and interdependent in nature.

As part of the executive branch, the head of the IRS works for the Secretary of the Treasury, who in turn reports to the President. The IRS is not an independent agency, contrary to what President Obama says. And the Attorney General works directly for President Obama as well.

For a refresher, let's look at what the history of the separation of powers provisions and the Constitution have to do with the IRS targeting of conservatives and Justice Department's Associated Press investigation undermining freedom of the press, both of which are very much in the news today.

On February 6, 1788, when urging ratification of the nation's new Constitution in Federalist Paper No. 51, James Madison described why the separation of powers and system of checks and balances in the U.S. Constitution are vital to a self governing society of free people:

"Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices may be necessary to control the abuses of government. But what is giovernment itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions."

Summing Up

Pursuant to our Constitution, it's time for the appropriate members of Congress to investigate fully what happened in both the IRS intimidation case and the AP freedom of the press case, respectively.

It's also time for less talk from President Obama and for him to remove the head of the IRS and the Attorney General, too.

Both agencies, under appropriate guidance from the President, should have asked the Court if they had the authority under the Constitution and applicable laws to spy on the conservatives and penetrate the records and listen to the phone calls of AP reporters.

That they didn't pursue this judicial route speaks loudly as to their motivations and understanding of the applicable laws.

So there you have it: the proper roles of the Executive, Legislative and Judical branches of our government have been clear since 1788.

Maybe we should ask those governing to start taking the Constitution seriously.

Maybe We the People should start taking the idea of limited government seriously as well.

That's my take.

Thanks. Bob.

1 comment:

  1. "Everything Is Broken"

    Broken lines broken strings
    Broken threads broken springs
    Broken idols broken heads
    People sleeping in broken beds
    Ain't no use jivin
    Ain't no use jokin
    Everything is broken.

    Broken bottles broken plates
    Broken switches broken gates
    Broken dishes broken parts
    Streets are filled with broken hearts
    Broken words never meant to be spoken
    Everything is broken.

    Seem like every time I stop and turn around
    Something else just hit the ground
    Broken cutters broken saws
    Broken buckles broken laws
    Broken bodies broken bones
    Broken voices on broken phones
    Take a deep breath feel like you're chokin?
    Everything is broken.

    Everytime I leave to go off someplace
    Things fall to pieces in my face
    Broken hands on broken ploughs
    Broken treaties broken vows
    Broken pipes broken tools
    People bending broken rules
    Hound dog howling bullfrog croakin
    Everything is broken.
    (Bob Dylan)

    "But, at this point, WHAT DIFFERENCE DOES IT MAKE???!!!"
    ("The Hildebeast")

    Maybe none no???...SI.