Tuesday, June 1, 2021

These Powers would be Safer if Out of the Reach of Politicians

    I'd say I was wrong. I wrote:

   "One of the beauties of the Constitution is its separation of powers. You have an executive branch, legislative branch and judicial branch. The system starts to breakdown, however, if one branch starts reaching into the other. So, let's say the legislative branch decided it wanted to investigate Jan. 6 or Benghazi. Let's say they decided there was a need to appoint a commission to get to the bottom of things. Is this not the legislative branch stepping into the work of the judicial branch? It's the legislative branch saying, Hey, you won't cover all the angles, so we've got to. . . .

   "These commissions are looking for crimes, same as the Department of Justice. Let the DOJ do its job. When you start letting the legislative branch do the work the judicial branch was intended to do, you bleed politics into justice. That's not a good idea. Justice cannot be carried out when politicians are attempting to influence the outcome." 

   I was right about the commissions trying to take over the work that should be done by the DOJ. Do let the DOJ do its job. But the Constitution does not specify that investigations are to be done by the judicial branch, nor does it suggest the DOJ should be administered by the judicial branch. Yes, it might be good if that were the case, to ensure separation of powers, but it isn't in the Constitution. 

   Forgive, but I think it would be an improvement. I think you do want separation of powers. I look at how President Trump tried to weld his power over the courts and judicial system and see it as very dangerous that we do not have more separation of powers. I think of the time he said something to the effect that he was the chief judicial officer in America. Make the lines clear and distinct. Do not leave room for a politician to reach in and grab authority in the judicial system. 

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