House of Representatives versus Trump
“Second, (the Senate Watergate Committee) fulfill the historic function of the Congress to oversee the administration of executive agencies of government and to inform the public of any wrongdoing or abuses it uncovers. The critical importance of this latter function cannot be over-emphasized.”
Senate Watergate Report; page 40; 1974.
One of the most important of all things associated with the Democratic Party's overwhelming victories in the House of Representatives is found in the duty of Congress to inform the public of wrongdoing by the president. Clearly, under the “leadership” of Devin Nunes, the House committee tasked with investigating the Trump-Russia scandal failed to do this. In fact, Nunes led an effort, coordinated with the White House, to misinform the public.
The duty to inform the public will be important in 2019. As surely as the sun rises in the east, the same republicans that attempted to misinform the public about the Trump-Russian scandal will attempt to define the 2019 investigations as “political.” But the Democrats will be in a position to inform the public that the counter-intelligence investigation the FBI began in the spring of 2016 is all about national security.
Back in the Bush-Cheney era, I noted that the duty to inform the public was rooted in Constitutional Law. One person disagreed strongly with me, pointing out that this isn't defined in the Constitution. Although that is true, this duty is well-rooted in Constitutional Law – which is, simply, how the Supreme Court has defined the Constitution's application in the context of their rulings. Indeed, virtually all USSC decisions – excepting Bush v Gore – are their interpretation of the Constitution.
Let's take a gander at two important USSC decisions on this very topic. We can start with the 1953 case, United States v Rumely. A congressional committee was tasked with investigating “(1) all lobbying activities intended to influence, encourage, promote, or retard legislation; and (2) all activities of agencies of the Federal Government intended to influence, encourage, promote, or retard legislation.”
Here may be the important part of the Court's decision, when it quoted from Woodrow Wilson's “Congressional Government” (page 303): “ 'It is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees. It is meant to be the eyes and the voice, and to embody the wisdom and will of its constituents. Unless Congress have and use every means of acquainting itself with the acts and the disposition of the administrative agents of the government the country must be helpless to learn how it is being served; and unless Congress both scrutinize these things and sift them by every form of discussion, the country must remain in embarrassing, crippling ignorance of the very affairs which it is most important that it should understand and direct. That informing function of Congress should be preferred even to its legislative function.' “ Their decision called this informing function “indispensable.”
The second decision, from the 1957 case Watkins v United States, again addresses this important point: “(There is a ) power of the Congress to inquire into and publicize corruption, maladministration, or inefficiency in agencies of the Government. That was the only kind of activity described by Woodrow Wilson in Congressional Government when he wrote: 'This informing function of Congress should be preferred even to its legislative function.' (Id., at 303) From the earliest times in its history, the Congress has assiduously performed an 'informing function' of this nature.”
I think that this is important for everyone – including our members of Congress and citizens – to understand. I know that our party's leadership in the House knows this, and will act upon it. I'm doing my best to get this information to some of the newly elected House members, so that they can use it when dealing with the media. And I'd like to see those republicans who failed in their duty to inform the public about the Trump-Russian scandal to have their noses rubbed in it.
Peace,
H2O Man
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