Failure is simply the opportunity to begin again, this time more intelligently”

Henry Ford

House Intelligence Chair Nunes’ release of a Republican-drafted factually misleading memo accusing the FBI and Justice Department of improperly using their surveillance authority against the Trump presidential campaign while suppressing a dissenting Democratic minority report is indefensible!

When Americans elect their representatives to Congress they expect their Representative will be a co-equal with the other 434 members of the House and their Senators will have an equal voice with the other 99 members of that body.

Irrespective as to the party affiliation of the winner of a Congressional or Senatorial election, that individual must represent all of his/her constituents not simply their party’s leadership or the plurality that elected them and respect their Congressional peers with whom they may disagree.

Sadly, however, that is not the case.

While Article II, Section 5(2) states; “Each House may determine the Rules of its Proceedings”, nowhere in the Constitution is either body empowered to subordinate the equality, capacity or influence of any member to any other member(s) of their respective bodies.

No one person should have veto power over the operations of their respective branch of Congress!

While there is no problem with Congressional committees or their chairpersons reflecting the political make-up of their body, there can be no justification for a partisan majority of any committee to silence the comments of or inhibit any member’s ability to sponsor legislation or amendments that will be debated, or publicly issue minority reports.

Yet, both bodies have enacted rules creating an oligarchy of the majority party that frequently subjugates its minority members.  From a national perspective such actions represent an unacceptable tyranny of the majority; one which obviates the effect of one-man-one-vote insofar as citizens who have elected representatives who are members of the body’s minority.

Concurrently, Congress has continued to permit a deliberate expansion in the size and scope of Executive (Presidential) authority; occasionally when cries of “national security” provide a convenient smokescreen so members do not to have to stand up and be counted and accountable; but more often when pandering to another presidential power grab, typically one from their own party.

Perhaps most notably is Congress’ abdication of its Constitutional obligation as having the sole authority “To declare war” pursuant to Article II, Section 8(11) and for which there is no Constitutional right to delegate.  Since World War II, presidents have sent America’s military into harm’s way more than twenty times to fight in constitutionally “undeclared” wars costing America more than 102,683 lives, 298,562 wounded and more than $10 Trillion (nearly $6 Trillion since 9/11) and counting … with precious few ultimate victories to show for the terrible cost!

At a time in our history where a thin-skinned and egotistical president who desperately craves attention; shows disdain for Constitutional restrictions on the presidency; demonstrates contempt for and indulges in name calling toward anyone who disagrees with him; campaigns to undermine key governmental institutions (i.e., FBI, CIA) as well as the media (a core element of our democracy) while liberally recycling Fox News sound bites; and is the nation’s major source of fake and misleading news, Congress must:

  • Remind it members their primary responsibility is to “support and defend the Constitution of the United States”;
  • Reiterate their second duty is to represent the interests of all of their constituents;
  • Reassert its constitutional mandate as a separate, independent and equal branch of our government, providing desperately needed checks and balances on presidential authority, rather than lethargically cowing under to White House and partisan political pressures; and
  • Revise its own internal workings to ensure that all members of Congress are equal partners in their legislative bodies.