Tuesday, February 4, 2020

SEPARATION OF POWERS HUNGRY PARTY POLITICS



The separation of powers is a strategic foundation, in our tri-cameral form of Republic. It allows both equality of power, between the branches, and an oversight responsibility, over the others as well.
The Democrat Party apparently has lost its ability to, not only understand our Constitution, but they fail to respect, either the Judiciary or the Executive branch, especially, if Democrats don’t own the power, in all three branches.

The Tenure of office act was a law passed by Congress in 1867 that required the Executive branch to win Senate approval, of the firing of any cabinet position in the White House. In other words, Congress usurped the constitutional powers of a president to fire his cabinet appointees. They reasoned that because the Senate was allowed, per the Constitution to approve of presidential choices, it was unwritten yet implied, that Congress had the right to approve or disapprove any dismissals, by the Executive branch. This liberal progressive seer-like logic interpretation, of our framers words, has led to a number of wayward walks, off our Constitution’s clear path. 

Congress impeached Andrew Johnson over their unconstitutional grab of power, until the Tenor of Office Act was repealed in 1887, however, it wasn’t officially ruled unconstitutional by the Supreme Court, until 1926. (Myers v. United States) 

The Senate had constitutional authority to approve cabinet nominees but no expressed power beyond that, to require a President, to check in with Congress when firing a cabinet officer.

Democrats and Republicans that do not understand the Constitution and infer powers not expressly stated in our Constitution, have been playing fast and loose with Americans rights, creating unconstitutional government bureaucracies (Department of Education) and distorting the power of the majority versus minority, in our three branches of government.

The Trump impeachment by the House of Representatives was a partisan, dangerous and complete political treachery of our system, stepping on the separation of powers, which was expressly designed, to keep the corruption of one branch from infecting all other branches and the country as a whole.

Congress has no authority to suggest that the exercise of executive privilege, by Trump’s cabinet officials to not testify, to an impaneled witch hunting committee, using invalid subpoenas, was, is, or would ever be, an admission of obstruction of Congress. Nor, does the asking by Trump of a foreign leader, (Ukraine Zelensky), to investigate a public statement by a former vice-President (Joe Biden), that he extorted Ukraine’s previous administration, to fire a prosecutor undertaking an investigation, of a company (Burisma) where the vice-President son (Hunter Biden) was receiving inflated financial gain, constitute abuse of power.

The absurdity of the charges actually makes the impeachment of Andrew Johnson based on the Office of Tenure Act, seem more legitimate. 

As Americans watch the impeachment proceedings three things become exceedingly clear and frightfully painful to discover.

One, the complete lack of comprehension on the part of our so-called representatives to understand our Constitution, as exampled in Maxine Waters statement that, “Impeachment is, what Congress says, it is.”

Two, the argument by the House Managers, Schiff and Nadler especially, that Trump officials exercising their rights, granted in the Constitution, to have a judge decide whether they should uphold the Executive branch privilege or submit to Congress’s subpoena to testify, proves guilt on the part of Trump and his administration. Put in other terms, these men have flipped the jurisprudence script to one that reads, you are guilty, until you prove and protest your innocence.  

Three that the impeachment charges brought before the Senate, should have been quickly, and summarily thrown out on multiple grounds, if we truly had smart, fair and constitutional loyal representatives in our government. 

There were no “high crimes and misdemeanors” in the House’s case. There was no evidence of Trump seeking personal gain. There is no blanket immunity given any presidential primary candidate (Joe Biden) from investigation into corruption of office. Otherwise every criminal would run for office to escape questions about their crimes. There can’t be abuse of Congress for exercising privilege not to testify, (Separation of Power) especially when the subpoenas issued by Congress were in fact, invalid.

The fact that Americans endured a torturous defaming of Trump by politically motivated party members, publically smearing his name and by default snubbing the electorate that support his presidency, shows how dangerously off the rails, the political left has become in this country.
Our government has yet to punish those that rigged the 2016 election, spied on private citizens, obtained warrants through lies and fraudulent means and handcuffed the first two years of the electorate choice for Commander in Chief, with a phony criminally engineered Russian conspiracy sham.
 
Americans were not fooled in 2016, and Americans are not being fooled in 2020, but will three times be a charm?

Unless the electorate makes the Democrats and never-Trumpers, pay for their lies and abuse of government power, this will continue to strain our Republic. And given the utter ignorance of some of our members of Congress, can we entrust them with the future of our Republic? 

If these Congress men and women are dumb as rocks, then vote them out, they are dangerous. If instead, you view them as corrupt and power hungry, then again vote them out, because our Republic’s fate, our country’s legacy, our children’s freedom, should never be in the hands of evil morons.

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