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Culture & Politics » soc.culture.china » Rule of law or separation of powers
| Rule of law or separation of powers [message #223427] |
Di, 11 Juli 2006 05:37 |
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A constitutional crisis is brewing ....
At issue: Does the FBI, a law enforcement agency of the
executive branch have the power to search the office of
a member of the US Congress on one hand and does the
judiciary have the power to issue search warrant against
a member of the legislative branch.
FBI claims that a congressman cannot be above the law.
US Representative William Jefferson and bipartisian group
of congressional leaders, however, assert that separation
of powers doctrine dictates that it's a misuse of power for
two branches of government to gang up on the third. And,
the speech or debate clause in the US Constitution protects
elected officials from being questioned by the president, a
prosecutor or a plaintiff in a lawsuit about the Congress for
their legislative work.
The case involved the FBI, upon recieving information that
US Congressman William Jefferson was involved in bribery,
obtained a search warrant from a federal court. As part of
the investigation, they impounded boxes of the gentleman's
documents, computer disks and found USD 90,000 cash in
his freezer. Members of the Congress protested on ground
of separation of powers, and, demanded the items so that a
congressional investigation could be conducted. FBI sued to
block their demand.
The presiding judge issued his ruling. He acknowledged the un-
usual nature of the case. But rejected the lawmakers sweeping
theory of legislative privilege, because it would have the effect
of converting a congressional office into a sanctury for crimes.
In his opinion, a congressman is not above the law. By so doing,
he affirmed the executive power to search the legislature. The
lawmarker and the US Congress decided to appeal.
Undoubtedly, all the way to the Supreme Court ....
Regards,
Albert K. Fung
Montecito/Santa Ysabel, California, USA.
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| Re: Rule of law or separation of powers [message #223453 ] |
Di, 11 Juli 2006 07:28 |
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If the lawmakers think they are immune to law, they do not qualify as such.
Albert K. Fung wrote:
> A constitutional crisis is brewing ....
>
> At issue: Does the FBI, a law enforcement agency of the
> executive branch have the power to search the office of
> a member of the US Congress on one hand and does the
> judiciary have the power to issue search warrant against
> a member of the legislative branch.
>
> FBI claims that a congressman cannot be above the law.
>
> US Representative William Jefferson and bipartisian group
> of congressional leaders, however, assert that separation
> of powers doctrine dictates that it's a misuse of power for
> two branches of government to gang up on the third. And,
> the speech or debate clause in the US Constitution protects
> elected officials from being questioned by the president, a
> prosecutor or a plaintiff in a lawsuit about the Congress for
> their legislative work.
>
> The case involved the FBI, upon recieving information that
> US Congressman William Jefferson was involved in bribery,
> obtained a search warrant from a federal court. As part of
> the investigation, they impounded boxes of the gentleman's
> documents, computer disks and found USD 90,000 cash in
> his freezer. Members of the Congress protested on ground
> of separation of powers, and, demanded the items so that a
> congressional investigation could be conducted. FBI sued to
> block their demand.
>
> The presiding judge issued his ruling. He acknowledged the un-
> usual nature of the case. But rejected the lawmakers sweeping
> theory of legislative privilege, because it would have the effect
> of converting a congressional office into a sanctury for crimes.
> In his opinion, a congressman is not above the law. By so doing,
> he affirmed the executive power to search the legislature. The
> lawmarker and the US Congress decided to appeal.
>
> Undoubtedly, all the way to the Supreme Court ....
>
> Regards,
>
> Albert K. Fung
> Montecito/Santa Ysabel, California, USA.
>
--
Oderient dum Metuant
---
Posted via news://freenews.netfront.net
Complaints to news [at] netfront.net
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| Re: Rule of law or separation of powers [message #223467 ] |
Di, 11 Juli 2006 09:41 |
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Khitanian:
> If the lawmakers think they are immune to law, they do not qualify as such.
The US lawmakers ....
Don't think they are above the law. Nor are they denying the
prosecutoral power of the executive branch. What's in doubt,
however, is the executive branch's assertion of investigative
power over the other two branches of government.
The congress is asserting their power to investigate their own.
The constitutionally proper way, the US Congress claim, is for
the lawmakers to investigate the matter. If in their judgement
Mr. Jefferson is indeed guilty, then they have the power to ask
the congressman to resign. He will then be turned over to the
executive branch for prosecution.
And to face trial as an ordinary citizen ....
Regards,
Albert K. Fung
Montecito/Santa Ysabel, California, USA.
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| Re: Rule of law or separation of powers [message #223500 ] |
Di, 11 Juli 2006 12:41 |
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Then they are no better than the Central Disciplinary Committee of the PRC.
Albert K. Fung wrote:
> Khitanian:
>
>
>>If the lawmakers think they are immune to law, they do not qualify as such.
>
>
> The US lawmakers ....
>
> Don't think they are above the law. Nor are they denying the
> prosecutoral power of the executive branch. What's in doubt,
> however, is the executive branch's assertion of investigative
> power over the other two branches of government.
>
> The congress is asserting their power to investigate their own.
>
> The constitutionally proper way, the US Congress claim, is for
> the lawmakers to investigate the matter. If in their judgement
> Mr. Jefferson is indeed guilty, then they have the power to ask
> the congressman to resign. He will then be turned over to the
> executive branch for prosecution.
>
> And to face trial as an ordinary citizen ....
>
> Regards,
>
> Albert K. Fung
> Montecito/Santa Ysabel, California, USA.
>
--
Oderient dum Metuant
---
Posted via news://freenews.netfront.net
Complaints to news [at] netfront.net
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| Re: Rule of law or separation of powers [message #223563 ] |
Di, 11 Juli 2006 17:33 |
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> The US lawmakers ....
>
> Don't think they are above the law. Nor are they denying the
> prosecutoral power of the executive branch. What's in doubt,
> however, is the executive branch's assertion of investigative
> power over the other two branches of government.
>
> The congress is asserting their power to investigate their own.
>
> The constitutionally proper way, the US Congress claim, is for
> the lawmakers to investigate the matter. If in their judgement
> Mr. Jefferson is indeed guilty, then they have the power to ask
> the congressman to resign. He will then be turned over to the
> executive branch for prosecution.
>
> And to face trial as an ordinary citizen ....
Khitanian:
> Then they are no better than the Central Disciplinary Committee of the PRC.
Perhaps ....
What is not clear, however, is whether the above mentioned
venerable organization is answerable to voters on one hand,
and is checked and balanced by a multi-party system within.
And is monitored by the power of the other branches.
That are separate, but equal ....
Regards,
Albert K. Fung
Montecito/Santa Ysabel, California, USA.
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| Re: Rule of law or separation of powers [message #223578 ] |
Di, 11 Juli 2006 17:56 |
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A reasonable approach ....
Is perhaps the independent prosecutoral system. The head of all
branches of the government can authorize the executive branch
to appoint an impartial legal expert and be given broad powers to
compel and prosecute.
However, the famed Russellian librarian paradox still prevails.
To wit: is the catelogue of library books a book? By virtue of being
independent, a zealous prosecutor can run amuck. With the given
broad powers, can be downright dangerous.
As evidenced by the Monica-gate .... :)
Regards,
Albert K. Fung
Montecito/Santa Ysabel, California, USA.
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| Re: Rule of law or separation of powers [message #223680 ] |
Mi, 12 Juli 2006 03:55 |
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Quis custodiet ipsos custodes?
Albert K. Fung wrote:
> A reasonable approach ....
>
> Is perhaps the independent prosecutoral system. The head of all
> branches of the government can authorize the executive branch
> to appoint an impartial legal expert and be given broad powers to
> compel and prosecute.
>
> However, the famed Russellian librarian paradox still prevails.
>
> To wit: is the catelogue of library books a book? By virtue of being
> independent, a zealous prosecutor can run amuck. With the given
> broad powers, can be downright dangerous.
>
> As evidenced by the Monica-gate .... :)
>
> Regards,
>
> Albert K. Fung
> Montecito/Santa Ysabel, California, USA.
>
--
Oderient dum Metuant
---
Posted via news://freenews.netfront.net
Complaints to news [at] netfront.net
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| Re: Rule of law or separation of powers [message #223741 ] |
Mi, 12 Juli 2006 11:43 |
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> A reasonable approach ....
>
> Is perhaps the independent prosecutoral system. The head of all
> branches of the government can authorize the executive branch
> to appoint an impartial legal expert and be given broad powers to
> compel and prosecute.
>
> However, the famed Russellian librarian paradox still prevails.
>
> To wit: is the catelogue of library books a book? By virtue of being
> independent, a zealous prosecutor can run amuck. With the given
> broad powers, can be downright dangerous.
>
> As evidenced by the Monica-gate .... :)
Khitanian:
> Quis custodiet ipsos custodes?
Ita vero .... :)
Vox et lux; veritas et lex; populi, populi et populi ....
Regards,
Albert K. Fung
Montecito/Santa Ysabel, California, USA.
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| Re: Rule of law or separation of powers [message #223762 ] |
Mi, 12 Juli 2006 13:47 |
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Pardon the rusty Latin .... :)
It has been quite a while since this humble netter learned
the liturgical language as a school boy in HK.
Regards,
Albert K. Fung
Montecito/Santa Ysabel, California, USA.
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