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WASHINGTON May 24, 2006 (AP)— House Speaker Dennis Hastert demanded Wednesday that the FBI surrender documents it seized and remove agents involved in the weekend raid of Rep. William Jefferson's office, under what lawmakers of both parties said were unconstitutional circumstances.

"We think those materials ought to be returned," Hastert said, adding that the FBI agents involved "ought to be frozen out of that (case) just for the sake of the constitutional aspects of it."

The Saturday night search of Jefferson's office on Capitol Hill brought Democrats and Republicans together in rare election-year accord, with both parties protesting agency conduct they said violated the Constitution's separation of powers doctrine.

Oh, nonsense. There is no constitutional issue whatever. This is not a presumption by the Executive branch upon the prerogatives of the Congress; it is an investigation of criminal wrongdoing, and the Constitution does not offer congressmen any special protection.

The objection at hand appears to me to have been decided in 1969 by the Supreme Court, in Powell v. McCormack. Then, the House of Representatives forbade Adam Clayton Powell to take his seat following his election, because he was corrupt. Powell sued — and prevailed.

Respondents first contend that this is not a case "arising under" the Constitution within the meaning of Art. III. They emphasize that Art. I, 5, assigns to each House of Congress the power to judge the elections and qualifications of its own members and to punish its members for disorderly behavior. Respondents also note that under Art. I, 3, the Senate has the "sole power" to try all impeachments. Respondents argue that these delegations (to "judge," to "punish," and to "try") to the Legislative Branch are explicit grants of "judicial power" to the Congress and constitute specific exceptions [395 U.S. 486, 514] to the general mandate of Art. III that the "judicial power" shall be vested in the federal courts. Thus, respondents maintain, the "power conferred on the courts by article III does not authorize this Court to do anything more than declare its lack of jurisdiction to proceed." 36

We reject this contention. [emphases mine]

In short, Congress does not enjoy an exclusive right to investigate and discipline its members for wrongdoing, which means that others do have the right to investigate and discipline the wrongdoing of members. No foul.

Bob Felton
www.CivilCommotion.com
The Intersection of Religion, Law, and Politics