SEPARATION OF POWERS – Vital to Our Survival as a Republic…


The current members of the Democratic leadership and too many of the Republicans seem to either be oblivious and ignorant of the constitutional guidelines and protections or they do not care.  I suspect it is a little of all the aforementioned, and largely that they do not care.  They want what they want and do not care how they achieve it.  The end, their desired entrenchment in power, justifies the end, destruction of our system of government is their apparent view.  That is a direct threat to our Republic and our Representative Democracy.

I pray that Attorney General William Barr has the fortitude and integrity to dig as deeply as needed to uncover the abuses and constitutional violations of the past three-plus years.  I pray that he and U.S. Attorney John Durham will then take the appropriate measures and hold those who violated our trust accountable legally.  Will that happen?  I do not know, and we will have to wait until summer to find out.  However, I will say, that action is vital to our survival as a Republic and our continued existence under the oversight of the Constitution. 

The Founding Fathers and the Framers of our Constitution exhibited incredible foresight and understanding of not only republicanism but the nature of the human heart when tempted with power.  Those men, although not always agreeing unanimously, came to a consensus that produced a document of governance that is the best on the planet.  That document and system of government has served us well for well over 200 years and could serve us well another 200 if adhered too and respected.  That adherence and respect are absent in today’s politicians.  That void in their hearts and minds is a direct threat to our system of government and our Republic. 

The fact that the Supreme Court agreed to hear President Trump’s appeals on three cases is more than minorly significant.  I believe that the Court recognized this as being about the Separation of Powers not just the securing of documents by Congress.  I would agree with all who believe that both the judicial and legislative branches of our government have overreached in their efforts to hamper, hinder, hamstring, and destroy this president.  It has been a brutal thing to observe and I see it is a direct threat to our Republic.

The cases the Supreme Court has granted ‘certiorari’ involves the House Oversight and Reform Committee.  They want Trump’s personal financial records dating back far before he was a candidate.  The House Finance and Intelligence Committee has subpoenaed Trump’s financial records from two banks who had dealings with Trump.  What is its purpose?  It does not take a genius to see that their intent, as they have done in the past, is to cherry-pick certain information and leak it to the press and make it public. They have been unable to uncover any evidence of illegality as president, so they desire to damage Trump as a private citizen.  Simply, they want to hurt him in any way they can and are unconcerned about the collateral damage to the Republic.

When you consider some of the members of those committees you discover names such as Debbie Wasserman-Schultz, Maxine Waters, Al Green, Rashida Talib, and Tulsi Gabbard.  How many of them have the financial integrity or background to realistically examine anyone’s financial records?  The third case of this triad of overreaches was filed by the Democratic District Attorney for Manhattan Cyrus Vance.  He wants eight years of Trump’s tax returns.  He has no visible cause for this request other than the desire to conduct a fishing expedition into Trump’s life and his family. 

In the case of the subpoenas by Congress, the question is legitimacy.  Is there a legislative purpose for seeking those records?  Congress is not and should never be a freewheeling prosecutorial arm of our government.  That is not their constitutional role and that is defined in the Separation of Powers.  Any actions they take are mandated to have a legitimate legislative purpose and there are no legislative purposes in these requests.  These subpoenas are simply tools to further harm and hinder the president.  That is not their assigned and constitutional obligation. 

Fortunately for America, even the California Supreme Court discovered a small glimmer of reason when it struck down a state law that required candidates to disclose their tax returns to be on the ballot.  I believe and so do many, some legal experts, that Joe Biden, by his own admission, engaged in quid pro quo in Ukraine.  Adam Schiff’s House Intelligence Committee dropped the charges of quid pro quo and bribery in their articles of impeachment.  Why?  I believe it was two-fold, they could not prove it and knew that continuing down that path jeopardized Joe Biden. 

The Democrats are asserting, in their two articles of impeachment that the President obstructed Congress and abused his presidential power.  Those charges are incredibly vague and almost impossible to prove in any court and they are unconstitutional in the basis and scope. 

I like what Democrat Professor Alan Dershowitz said about these antics.  He said: “Both are so vague and open-ended that they could be applied in a partisan fashion by a majority of the House against almost any president from the opposing party.  Both are precisely what the Framers had rejected at their Constitutional Convention. Both raise the ‘greatest danger’, in the words of Alexander Hamilton, that the decision to impeach will be based on the ‘comparative strength of parties,’ rather than on ‘innocence or guilt.’  That describes what is happening in a nutshell and a clear abuse of power by the Democrats in the majority in the House of Representatives.  It is a direct threat to our Republic.

What the Democrats are doing is echoed and embodied in the view of Maxine Waters who declared that when it comes to impeachment, ‘there is no law.’  Her view and that of many of her colleagues in the Democratic Party is that the sole criteria for impeaching a president are ANYTHING that the majority in the House wants.  This is a reductionistic and lawless view confuses what a majority in the House can get away with if there is no judicial review.  The Constitution must be defended, protected, and applied as it is written and must never be stretched to fit the actions of the opposition party.  This is a direct threat to our Republic.

The House voting to impeach the president on grounds not authorized in the Constitution makes that document void, in the words of Alexander Hamilton.  He rightly said, “no legislative act, therefore, contrary to the Constitution, can be valid.” 

Some have said, “If the Democrats were wiser, they would see the impending tsunami coming as a result of their illegal and unconstitutional pursuit of hate.”  If the Republicans were wiser, they would capitalize on this farce and articulate the Constitutional provisions of Separation of Power, the benefits of following and protecting that provision and the successes of the past three years.  But, can we say that either party is wise in light of today’s shenanigans? 

God bless you and God bless America!

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