David Limbaugh

The Constitution establishes a government of laws, not men; and no men, including government officials, are above the law. While legislators are bellyaching about the excessive authority of the executive branch, they are, in essence, arguing for excessive authority and privilege for members of their branch. We have no kings. We have no royalty among legislators. If they are suspected of violating the law, the executive branch has an obligation to investigate and to employ its full powers in doing so -- including that of reasonable searches of their offices and seizures of their relevant effects.

The separation of powers doctrine delineates governmental functions and distributes them among three branches. But these branches do not have coequal power over all functions -- such as law enforcement, which is the prerogative of the executive branch. It pits the branches against each other through a checks and balances scheme designed to prevent any branch from becoming too powerful at the expense of our liberties.

To argue that individual congressmen are not subject to search and seizure by agencies of the executive branch because that would give the executive branch undue power is preposterous. Who else is supposed to conduct such searches? The judiciary, by the way, was involved here, as well, in approving the warrant. Are law enforcement authorities supposed to give advance warning to suspected criminal congressmen to allow them to cover their tracks? This is too ridiculous for words.

When congressmen speciously invoke the separation of powers doctrine to shield their own members from law enforcement, they do damage to the doctrine by diluting and misapplying it. And through their arrogance in attempting to elevate themselves above the reach of law, they make a mockery of the lofty principles they purport to serve.

The separation of powers does not create a firewall between the branches. They interact all the time. Remember the Supreme Court ordering President Nixon to turn over the tapes? And Congress, if it so chooses, can restrict the jurisdiction of federal appellate courts. To suggest that every time one branch takes action that affects another branch violates the separation of powers principle is an insult to that principle.

These congressmen need to remember that they are the representatives of the people, not our privileged masters. It is disappointing that, in this case, otherwise good men are sending a contrary message.


David Limbaugh

David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert on law and politics. He recently authored the New York Times best-selling book: "Jesus on Trial: A Lawyer Affirms the Truth of the Gospel."

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