Sunday, May 19, 2019

Interesting Constitutional Clash

I find Texas' argument compelling:
Texas is asserting its sovereign immunity against Congress, telling Democrats on two congressional committees this week that the state has no obligation to comply with their investigative demands.

Attorney General Ken Paxton’s office says that as a state with sovereign powers under the Constitution, Texas can’t be treated like a federal agency or Cabinet secretary who can be compelled to comply.

“Texas does not draw its authority from the United States or the United States Constitution, but from its status as a dual sovereign within the union,” Jeffrey C. Mateer, first assistant attorney general, wrote in a letter Monday to the House Oversight and Reform Committee.

Mr. Mateer fired off a similar letter Wednesday to the House Ways and Means Committee rebuffing its attempts, saying the state wouldn’t stand to be treated like a “subdivision of the federal government or a private citizen.”

“Granting Congress the power to exercise ‘oversight’ over the constitutional officers of a state engaged in the lawful exercise of that state’s core authority would undermine the fabric of our system of dual sovereignty,” Mr. Mateer wrote.
If a court ordered the turnover of documents, that would be a different story, I think.

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