Yes Mr. Bush, America Does Have A Balance Of Power In Its Democracy

Congress must have knowledge of White House activities if it is to carry out its constitutional responsibilities.Yes Mr. Bush, America Does Have A Balance Of Power In Its DemocracyBy Cliff Montgomery – May 14th, 2007Below we quote from a very informative study on Congressional oversight of classified information. This March 2007 report is a joint paper of OpenTheGovernment.org, the Center for National Security Studies (CNSS), and the Center for American Progress.“Congress must have access to information about executive branch activities if it is to carry out its constitutional responsibilities to make laws, appropriate funds, conduct oversight, and confirm agency officials. While few would question the need to safeguard national security information from improper public disclosures that would damage the national interest, the executive branch has repeatedly claimed the authority to withhold such information from Congress as well.”Proponents of expansive presidential power claim that classified national security information ‘belongs’ to the executive branch and is shared with Congress only as a matter of grace. The executive branch has regularly resisted congressional requests for classified information. But such resistance has intensified since 2001 with the Bush administration’s claim of unprecedented presidential powers to act alone or in contravention of congressional enactments.”Congress has been left in the dark on many matters. The following is a brief outline of Congress’ powers to obtain information required to conduct the vigorous oversight and wise lawmaking necessary to assure the efficient and lawful functioning of the government.Principles of Congressional Access“The Bush administration claims that Congress is not entitled to access to certain classified information. While the matter has not been definitively addressed by the Supreme Court, it is well settled that Congress has both a constitutional and statutory right to access information within the executive branch, including classified information.”Congress’ authority to obtain information from the executive branch stems from the explicit constitutional grants of authority to Congress, such as the power to legislate, to appropriate all funds, and to confirm presidential appointments. All of these explicit powers require information in the possession of the executive branch and knowledge of executive branch activities.”In addition, general principles of oversight and accountability underlying the separation of powers also require that Congress be fully informed concerning such information. (Executive privilege protects only certain information regarding internal presidential communications and deliberations. Accordingly, only a small subcategory of national security information may be exempt from disclosure on the grounds of executive privilege.)”Nevertheless, those who take an expansive view of presidential power rely upon statements about the commander-in-chief powers to argue that the president has ultimate control over such information. The Congress has objected to this view on numerous occasions, not only when demanding information, but in enacting statutes and writing its own rules.”For example, in 1974, Congress overrode President Ford’s veto of amendments to the Freedom of Information Act, which provided that courts shall determine whether information is properly classified and thus may be withheld from the public. The amendments evidence Congress’ understanding that the constitutional arrangement of shared powers between the branches precludes government information from being the sole property of the executive.”In addition, Congress codified its right to classified information in the Intelligence Oversight Act of 1980, which explicitly requires that the president keep congressional intelligence committees fully and currently informed of all intelligence activities, including significant anticipated intelligence activities (see National Security Act of 1947, Title V).”The Oversight Act also specifically requires the director of National Intelligence to provide any information requested by the committees; in the case of covert actions, the president is required to inform members of the committees. (Covert actions do not include classic espionage; rather, they are secret operations designed to influence events overseas without the role of the United States becoming known.)”While the Act refers to the executive’s obligation to inform Congress consistent with the protection of sources and methods, this phrase refers to the necessary security arrangements and clearances for staff members to obtain classified information, not to the right of members of Congress to the information.”The Oversight Act incorporates Congress’ understanding that it has equal right to classified national security information because the Constitution vests shared responsibilities in the Congress and the president for making decisions about national security and foreign policy matters. While the Oversight Act requires the executive to keep congressional intelligence committees informed, the committees in turn serve as the repository and conduit for any member of Congress wishing to inform himself or herself about the classified information.”We may conclude from these quotes one great truth: information on government activities does not belong to any career politician, but rather to the American people. Politicians serve at our pleasure, we don’t serve at theirs.Sensitive information needs a balance of oversight; for the person or group who controls information on the real workings of a nation controls that nation. That is precisely why balance of power is a necessity for any true democracy.