bripat9643
Diamond Member
- Apr 1, 2011
- 170,169
- 47,316
- 2,180
Congress has the authority to violate the 4th Amendment? Since when?Congress has no authority to do that.Well they're going to have a hell of a fight:
The House Ways and Means Committee has now asked the Treasury Department for the president’s tax returns, which it has a legal right to do. And, according to the law, the Treasury Department “shall” comply.
This seems pretty definitive. Shall means shall. Like, no wiggle room.
But there are overlays of constitutional law and political power that could, and I think likely will, thwart Congress’ effort to get Trump’s tax returns.
First, the law. While it is true that IRS Code 6103(f) appears to give the committee the power to get tax returns, the statute must be exercised in a way consistent with Congress’ constitutional authority. The Supreme Court has said Congress has broad authority to conduct inquiries but that its authority is not unlimited. In the 1881 case Kilbourn v. Thompson, the Supreme Court held that Congress can’t use its powers to delve into someone’s private financial matters unless there is a proper legislative purpose. In 1957, the Supreme Court held in Watkins v. U.S. that a congressional information demand must relate to a “legitimate task of the Congress” and noted that Congress is not a “law enforcement agency” that can seek information to uncover or expose crimes.
Congressional oversight is oversight by the United States Congress over the Executive Branch, including the numerous U.S. federal agencies. Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation.[1] Congress exercises this power largely through its congressional committee system. Oversight also occurs in a wide variety of congressional activities and contexts. These include authorization, appropriations, investigative, and legislative hearingsby standing committees; specialized investigations by select committees; and reviews and studies by congressional support agencies and staff.
The court disagrees with that. Nowhere does it say that the Congress has the right to confiscate tax returns for political vendetta.
Now if the Congress has any questions for the IRS, by all means, let them do their oversight. But keep Trump's personal records out of it as the court ruled. They can ask the IRS what they did in Trump's past audits, what they are doing now, what protocols they are using. But they cannot ask for Trump's tax returns in order to conduct oversight of the IRS.
The Congress can request these records as a part of their oversight. Trump constantly says he cannot release his tax records because they are under audit. The Congress can investigate that and can get Trump's tax records.
Congress clearly has the authority to do that.