Fun With the Founders
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
President Bush no doubt made a wise decision to impose a cooling off period in the confrontation with Congress over the law enforcement raid on the offices of Rep. William Jefferson. Let them all use the 45 days they have been given to read up on the doctrine of separated powers – and also the doctrine of use it or lose it. Certainly the FBI raid ran right past several Constitutional provisions that either state or imply that the executive branch owes enormous deference to the people’s representatives and the senators representing the states.
The Constitution may privilege Congress from arrest except in cases of treason, felony and breach of the peace, but it is the Congress that writes the laws as to what is, or is not, a felony. So if Congress wants to make bribery of a congressman a felony, rather than reserve to itself the jurisdiction for keeping its members honest, then it seems it issues a veritable engraved invitation for the executive branch to execute the law. Somehow we have the feeling that this confrontation will blow over, but for fans of the Founding Fathers, it’ll be fun while it lasts.