Is the congressional GOP on board with the new WH talking point?

Here’s a random thought I’ve been mulling over: do congressional [tag]Republicans[/tag] agree with the White House about oversight authority?

Obviously, as a practical matter, we know that the congressional GOP, while in the majority, chose not to exercise its powers of administrative [tag]oversight[/tag].

[tag]Bush[/tag]’s instincts were dangerously reinforced by the Republican-controlled Congress, which viewed itself less as an independent branch of government than as a junior partner to the White House in the American equivalent of a parliamentary system.

The Republican majority so completely abdicated its responsibilities to conduct oversight on the executive branch that its governing motto might have been “don’t ask, don’t tell.”

Key House and Senate committees sometimes went months without oversight hearings on Iraq. Neither chamber managed more than a glancing review of the increased police powers the administration acquired for the war on terror. Congress barely noted the collapse in care for many veterans at Walter Reed, and it almost completely avoided issues uncomfortable for Bush, such as global warming and declining access to health insurance.

But the prosecutor-purge scandal presents a far different question for Republicans in Congress. Whether lawmakers choose to use the power or not, does the legislative branch’s oversight authority over the White House exist?

Yesterday we talked at length about the Bush gang’s opinion on the matter — Tony Snow said, “The legislative branch has no oversight responsibility over the [tag]White House[/tag]” — but now would be an interesting time to see whether the president’s allies are willing to go along with such an assertion. I don’t think they will.

In principle, they shouldn’t. Congress approves the White House’s budget, Congress has the power to impeach the president, and no White House has ever declared itself free of oversight authority. Except, given what we heard yesterday, if subpoenas start flying, this is exactly what we’re going to hear from the Bush gang.

It poses a unique challenge to those who’ve carried the president’s water for six years. It’s one thing to argue that Congress, in this case, shouldn’t apply oversight to the White House. It’s something else entirely for members of Congress to officially declare themselves impotent.

For that matter, it would also set a precedent: Republicans may want to, but they don’t get to pick and choose which presidents are subject to accountability. If Congress has oversight responsibility over this White House, it has oversight responsibility over every White House, regardless of party affiliation. Is the congressional GOP really prepared to argue that there’s nothing lawmakers can ever do to check any White House’s power?

I kind of doubt it. Partisan hacks in the halls of Congress can spin, lie, and change the subject on Bush’s behalf, but I find it very hard to believe most Republican lawmakers would go along with this new White House talking point. There’s still some institutional pride on Capitol Hill.

In the coming weeks, this may matter quite a bit. The initial administration argument was that no one, at any level, did anything wrong. Soon after, the argument was that some officials may have erred, but they’re in the Justice Department. Soon after that, the argument was that some White House aides may have been involved, but they didn’t do anything “improper.” As of yesterday, the new White House argument is, “It doesn’t matter anyway, because Congress can’t touch us, even if it wants to.”

If they stick to that line, and it becomes the key to the White House’s defense, the Bush gang will probably have pushed their luck too far. What happens when reporters start asking Republicans, “So, senator, do you agree that the legislative branch has no oversight responsibility over the White House?”

It’s an argument that may very well drive away the president’s most important allies — his buddies in Congress.

If you’ll allow me a touch of horn-tooting, I posted on this yesterday and, in the process, discovered this CRS report on Congressional subpoena and oversight power (PDF). Relevant passage one:

The Supreme Court has described the congressional power of inquiry as “an essential and appropriate auxiliary to the legislative function.” The issuance of a subpoena pursuant to an authorized investigation is “an indispensable ingredient of lawmaking.”

Relevant passage two:

When the executive branch refuses to release information or allow officials to testify, Congress may decide to invoke its contempt power. Although the legislative power of contempt is not expressly provided for in the Constitution and exists as an implied power, as early as 1821 the Supreme Court recognized that without this power the legislative branch would be “exposed to every indignity and interruption that rudeness, caprice, or even conspiracy, may mediate against it.” If either House votes for a contempt citation, the President of the Senate or the Speaker of the House shall certify the facts to the appropriate U.S. Attorney, “whose duty it shall be to bring the matter before the grand jury for its action.” Individuals who refuse to testify or produce papers are subject to criminal contempt, leading to fines and imprisonment. Witnesses may invoke their Fifth Amendment right against self-incrimination.

So the White House may well read the Constitution to say that Congress makes laws, period, and that is what the Constitution says. But Congress makes laws and provides powers to the executive across a remarkably broad spectrum, and the Supreme Court has recognized for two centuries that in order to properly carry out that function, it must have subpoena and contempt power.

If the White House wants to play this game, it will lose, and it will lose huge. There is simply no defensible way for a Congressman or Senator of either party to say the White House is right about this. None.

  • There is simply no defensible way for a Congressman or Senator of either party to say the White House is right about this. None.

    I couldn’t agree more, but there is no defensible way for many members of Congress to do a lot of things. Sadly, this hasn’t stopped them in the past.

  • I never understood the fight over the ‘nuclear option’ concerning judges.

    It appeared to me that most ‘publicans were arguing that you only needed 50 votes to confirm a judge and most Democrats were arguing that you needed 60. (I know there were various other parlimentary proceedures that could slow things down or stop a nomination.)

    But, we all know that in real life, those same Republicans who wanted the nuclear option for Bush would never agree to it in 2009 with a small Democratic majority and a Democrat in the White House.

    I think that Senate Resolution #1 in 2009 should be the nuclear option. Get the ‘publicans to all switch sides and show themselves to be hypocrits. Then I think the Democratic President should say that they will withdraw any nomination that doesn’t get 60 votes.

    I don’t want wacko leftists on the court just as I don’t want wacko wingnuts on the court either

  • We hope they will lose, but they have appointed Supreme Court Justices with an eye towards this type of issue and I’m really not sure how people like Roberts will vote. If we all say “President Hillary” over and over til we turn blue, maybe they will recognize the potential consequences of going too far.

  • The Supreme Court already answered the question of Congress issuing a subpoena to the Attorney General during a Department of Justice scandal in 1927. . . .

    Mcgrain v. Daugherty
    http://www.answers.com/topic/mcgrain-v-daugherty

    The issue of compelling appearances and information from executive branch officials and agencies was again addressed by the Supreme Court in 1957. . . .
    “The power of the Congress to conduct investigations is inherent in the legislative process. The power is broad. It encompasses inquiries concerning the administration of existing law as well as proposed or possibly needed statutes. . . . It comprehends probes into departments of the Federal Government to expose corruption, inefficiency, or waste.”

    Watkins v. United States
    http://www.c-span.org/questions/week186.asp

  • The GOPers in Congress were perfectly fine with flaunting their power during the Clinton years. Under Bush, they’ve rolled over and died. That will change again if a Dem wins the White House in ’08.

    Congressional power, for them, has nothing to do with responsibilities vested in them by the Constitution, and everything to do with which way the political wind is blowing.

    Rarely in the history of our republic have we been served by a group as collectively partisan, craven and hypocritical as the Republicans in Congress these past twelve years.

  • JohnnyB, (re #8)
    May I add the similar behavior of the MSM (it goes without mentioning the Right Wing media, too).
    If one of the Clinton’s pets crapped on the White House lawn, the Repub Congress would hold hearings on the matter, and the media would cher them on.

  • 2 is correct, but there are way too many Republicans — really, it’s true — who are going to say “excuse me?” when asked whether they support having their own oversight powers taken out of their hands. It’s the same reason the Supreme Court consistently admonishes Congress when it attempts to diminish the court in some way (this is not the same as their desire to change the Court’s specific jurisdiction).

    These people safeguard their turf, and so long as there is legal ground for Congress here, many Republicans will get on board.

    Either that or that single, lonely, minute ounce of idealism I still hold for honest debate and disagreement will disappear.

  • I wonder how many Republicans are worried about the 1-2 punch of losing RNC support in their next campaign AND evidence turing up implicating them in wrongdoing?

  • Congressional Republicans could go along to get along. But that was when no one in the White House came out and basically said that Congress was crap and the Bush White House (as opposed to any Democratic White House) could do what they want, when they want, with no repercussions. Tony Snow may have been have been verbally expressing the true unspoken White House belief, but saying so out loud was a breach of Reagan’s never speaking ill of a Republican as well as stepping on the egos of those in Congress who take their positions seriously. One would think that they would finally get a healthy does of self preservation and start looking out for them selves. But considering how pavlovian the congressional Republicans are when it comes to the White House, they are likely to follow their leader right over the cliff like the lemmings they are.

  • It poses a unique challenge to those who’ve carried the president’s water for six years. — CB

    I know it’s not entirely on topic, but would someone, please, explain the origin of the phrase (to carry someone’s water)? I’ve been seeing it a lot recently and, by now, can figure out its meaning, from context. But, every time I see it, my mind’s eye supplies an image of a parade of courtiers carrying gold chamberpots out of the Oval Office, to empty on the WH’s lawn… Which, surely, cannot be correct?

  • EJ Dionne has a similar piece as Brownstein presents. It was in the NJ Star Ledger today with references to events that happened this week, so it’s current. No link though, but Dionne makes the salient point about Congressional oversight.

    As I keep saying, the greatest triumph of the Dems this past election isn’t their ability to push forth a legislative agenda; it’s their ability to conduct oversight with su-peenie power! There’s a great scene in ‘Absence of Malice’ where the great Wilford Brimley threatens everyone in his chambers with a su-peenie if they didn’t cooperate with his ‘inquiry’ during the climax of that movie. Great flick.

    But, as usual, I digress.

  • Sorry if I repeat a comment here.

    The Republican’ts were all gung-ho for hearings, supeonas and oversight during the Clinton years. They better think long and hard about what they say now when they are faced with another eight Clinton years.

    Though moral, ethical or other consistencies are not a trademark of the Republican’ts. As might be noted in the case of a Republican Congressional Leader pushing the impeachment of a President for lying about adultery while said Leader is commiting adultery.

  • I definitely would hope some of the media bobbleheads would find time to read Tony Baloney’s declaration of independence to some of the Republican congresscritters and ask if they would allow the next Democratic president to operate without oversight.

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