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By Marion Edwyn Harrison, Esq.
September 14, 2006
George Santayana often is credited with stating an obvious wisdom: Those who ignore the lessons of history are destined to repeat them. It would seem those who ignore, or deliberately counter, provisions of the Constitution of the United States also are destined to repeat their ignorance or obdurateness, whichever it may be. Thus, we find the likes of Senate Minority Leader Harry M. Reid, of Nevada, Senator Hilary Rodham Clinton, of New York, and Democratic Campaign Chairman Representative Rahm Emanuel, of Illinois, promoting the unconstitutional notion of passing a Congressional resolution demanding the resignation of a Cabinet officer - in this case, Secretary of Defense Donald H. Rumsfeld. (Senator Clinton, in her Floor speech, admitted the resolution probably would not come to a vote - as it did not.)
Even more dramatically violative of the Constitutional separation of powers, some in Congress appear to be promoting a scheme to censure, reprimand or otherwise vote “No Confidence” in the President of the United States - especially were the November 7, 2006 elections to switch control of one or both Houses of Congress in the ensuing 110th Congress.
The United States of America is not a parliamentary government. It is a government of separation of powers. THE FEDERALIST PAPERS, Constitutional Congress debate, the first three Articles of the Constitution, more than two centuries of Federal jurisprudence and (with half a dozen erratic and unsuccessful aberrations) more than two centuries of sessions of Congress all make that clear. This is not the venue for a discourse on separation of powers (about which this writer has lectured for many years).
A reader interested in a bit, if only a bit, more discussion might want to read, or read again, the column posted on April 27, 2006, which follows (which begins with the opening of the preceding paragraph).
The immediate pragmatic point is that the 109th Congress is in the midst of a short (19, maybe 24, business days) session, following its summer recess. This session probably will be final - that is, Congress would adjourn sine die (without a date); alternatively, it could recess to reconvene for a short “lame duck” session following the November 7 elections or the President could call a special session. Thus, the 109th Congress has only a paucity of days in which to legislate. The Federal deficit, earmarks and immigration out of control, many Federal judicial confirmations stalled or blocked (31 nominations pending), and a number of other issues scream for attention in the public interest.
There is no time, even were there Constitutional authority, to play parliamentary government. The Founding Fathers rebelled against a parliamentary form of government. No national sovereignty enjoys the implemented wisdom of a tripartite, separation-of-powers government as does the United States. Let’s keep it that way, thereby authentically honoring the 219th anniversary of the Constitution, only three days hence.
Congress - A Passing Pretense as a Parliament
Marion Edwyn Harrison is President of, and Counsel to, the Free Congress Foundation.
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