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To: TheBigIf

It is an implied power and in your somewhat defense not enumerated but has been granted by using various laws, House Rules and the US Constitution itself such as Article I, section 8, clause 18. Also backed up by several USSC rulings saying “”the power of inquiry – with process to enforce it – is an essential and appropriate auxiliary to the legislative function.” McGrain v. Daugherty

In the founders case, backed up by common sense (Implied) because since Congress is in charge of appropriating funds, enacting laws, raise and support armies, provide for a Navy, declare war, impeach and remove from office the President, Vice President, and other civil officers etc...Congress would need to know how programs were being administered, by whom, at what cost, whether officials were obeying the law and complying with legislative intent. Of course common sense is not common which is why we have a collectivist named Obama being named Commander in Chief.


56 posted on 12/23/2008 7:44:42 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: rollo tomasi

You said:
• It is an implied power and in your somewhat defense not enumerated but has been granted by using various laws, House Rules and the US Constitution itself such as Article I, section 8, clause 18. Also backed up by several USSC rulings saying “”the power of inquiry – with process to enforce it – is an essential and appropriate auxiliary to the legislative function.” McGrain v. Daugherty
In the founders case, backed up by common sense (Implied) because since Congress is in charge of appropriating funds, enacting laws, raise and support armies, provide for a Navy, declare war, impeach and remove from office the President, Vice President, and other civil officers etc...Congress would need to know how programs were being administered, by whom, at what cost, whether officials were obeying the law and complying with legislative intent. Of course common sense is not common which is why we have a collectivist named Obama being named Commander in Chief.

__________________

Since when do laws or House rules grant power that supersedes the Constitution? I disagree that it is implied at all that the Executive has to bow down to Congressional oversight in order to justify using the power granted to it by the Constitution.

As I have already said the Congress and the Court both have powers that can be used to check the power of the Executive. The case you bring up is only verifying what I have already said. If Congress feels that there is an abuse of power then of course they can pursue an investigation and can battle the executive (which will then bring the Court into the picture) in order to curtail the Executive and/or possibly impeach. To do as was done in the case of McGrain vs Daugherty is what I have already said was a part of the checks and balances. In no way does this mean though that the President has to answer to the Congress or that his power has to be approved by Congressional oversight (the power of the Executive is not a shared power). In cases such as these we are seeing the three co-equal branches of government in a power struggle which can lead even to a Constitutional crisis.


58 posted on 12/23/2008 8:24:20 AM PST by TheBigIf
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