Rightguide
Prof Triggernometry
- Joined
- Feb 7, 2017
- Posts
- 67,106
Congress is not a criminal investigative entity. They have oversight authority. They can investigate wrongdoing in government in order to create legislative solutions for the future. They do not have the power to issue what amounts to "general Warrants" or in the language of the Founders "writs of assistance," to investigate political opponents.
For instance, the law that Jerry Nadler is using to demand all tax returns for the last ten years of Donald Trump, all business communications between his businesses and their banks, etc, etc., is an illegal abuse of authority. And will be found so by the courts if it arrives at the SCOTUS.
Congressional statutory authority to oversee and request tax returns was a safeguard designed to protect taxpayers from the "IRS." To assure they were not being targeted by the government because of the class, race, gender, or religion. It was not a tool of investigation to be used like a general warrant against any taxpayer in order to find out if he had committed a crime at some point in his life that could be used against him politically today. The actions of the House are not dissimilar to the kind of "general warrants" issued by King George that Americans rebelled against and that prompted James Madison to pen the Fourth Amendment.
The U.S. Supreme Court noted in Payton v. New York, that “indiscriminate searches and seizures conducted under the authority of ‘general warrants’
were the immediate evils that motivated the framing and adoption of the Fourth Amendment.” Payton v New York 445 U.S. 573, 583 (1980).
The scope of the Fourth Amendment was described by the SCOTUS as a “determination . . . that the people of this new Nation should forever ‘be secure in their persons, houses, papers and effects’ from intrusion and seizure by officers acing under the unbridled authority of a general warrant.”25 Stanford v. Texas :: 379 U.S. 476 (1965)
The president of the United States is first and foremost a citizen of the United States with every constitutional protection any other citizen has. Nadler and the Democrats should take a breath and understand that simple fact.
For instance, the law that Jerry Nadler is using to demand all tax returns for the last ten years of Donald Trump, all business communications between his businesses and their banks, etc, etc., is an illegal abuse of authority. And will be found so by the courts if it arrives at the SCOTUS.
Congressional statutory authority to oversee and request tax returns was a safeguard designed to protect taxpayers from the "IRS." To assure they were not being targeted by the government because of the class, race, gender, or religion. It was not a tool of investigation to be used like a general warrant against any taxpayer in order to find out if he had committed a crime at some point in his life that could be used against him politically today. The actions of the House are not dissimilar to the kind of "general warrants" issued by King George that Americans rebelled against and that prompted James Madison to pen the Fourth Amendment.
The U.S. Supreme Court noted in Payton v. New York, that “indiscriminate searches and seizures conducted under the authority of ‘general warrants’
were the immediate evils that motivated the framing and adoption of the Fourth Amendment.” Payton v New York 445 U.S. 573, 583 (1980).
The scope of the Fourth Amendment was described by the SCOTUS as a “determination . . . that the people of this new Nation should forever ‘be secure in their persons, houses, papers and effects’ from intrusion and seizure by officers acing under the unbridled authority of a general warrant.”25 Stanford v. Texas :: 379 U.S. 476 (1965)
The president of the United States is first and foremost a citizen of the United States with every constitutional protection any other citizen has. Nadler and the Democrats should take a breath and understand that simple fact.
