The U.S. Department of Justice claims that that claims of the Congress for compulsory initiation of summonses of executive power do not correspond to the Constitution. The official of the Ministry of Justice Bernham gave examples of presidents to the middle of the 20th century who refused to provide information to the Congress and were not brought to court. However both republicans, and democrats approved the return when appealed to court for ensuring compliance with the summonses.
Addressing the federal judge in Washington, the District of Columbia, the official of the Ministry of Justice James Bernham said that the constitution of the USA just does not give one branch of the power — in this case to the House of Representatives controlled by democrats — tools for submission of the claim against other branch.
Developers of the Constitution «would be horrified by this prospect», Bernham as it will put trials of the Congress and executive power told.
Douglas Pismo, the general adviser of the House of Representatives, claimed that there is an obvious precedent supporting a role of vessels in solution to the conflicts between two other branches of the power. He claimed that it is provided in the Constitution that one branch files a lawsuit against another when it is accurately specified that executive power cannot file a lawsuit against the Congress for adoption of legislative decisions.
«It is very convenient to Supreme Court to speak to us, to tell two branches, here that means the law», — Pismo told.
In the letter it is claimed that founding fathers would welcome chamber for the fact that they interfered, having said that the president cannot spend money which was not appropriated by the Congress that is the key principle of the Constitution. Perhaps, taking into account inevitable future appeals, he quoted the formulation written by the judge Brett Kavano who was the appellate judge of the USA in the District of Columbia, emphasizing importance of powers of allocations of the Congress.
Natalia Veselnitskaya — official website