If you’ve been reading Ed Brayton’s blog, you know that one of the big problems with the current administration, like administration before it, is a penchant for using the so-called State Secret Privilege to avoid accountability for any questionable activities it might be engaging in. In fact, if anything, the current administration is even worse than the last one, and worse yet, they’re proving successful at getting the courts to rubber-stamp this kind of blanket immunity. And that’s eroding the distinction between the democratic republic we’re supposed to have, and the effective dictatorship we’re heading for.
So here’s my stray thought of the day: if the judicial branch won’t provide any checks and balances to the executive, why not Congress? The genius of the American constitution is the trade-off between the democratic power of the legislature and the executive power of the president, with the additional safeguard of an independent judiciary (on paper, at least). So why can’t we have a congressional investigation into the administration’s reckless invocation of the State Secret Privilege? Obama can’t argue that only the state has the right to be “in” on the secret, because Congress is just as much the state as he is. And if the president still won’t allow Congress to exercise its constitutional responsibility to provide checks and balances to the abuse of executive power, then maybe it’s time for them to exercise their constitutional power of impeachment.
I’m no political scientist, so I don’t know whether that’s either desirable or doable, but I thought I’d put it out there. From what I remember from social studies class, it seems like the right thing to do.