A4
East Oregonian
Tuesday, May 28, 2019
CHRISTOPHER RUSH
Publisher
KATHRYN B. BROWN
Owner
ANDREW CUTLER
Editor
WYATT HAUPT JR.
News Editor
JADE McDOWELL
Hermiston Editor
Founded October 16, 1875
OUR VIEW
City needs to take steps to fix streets
I
n the end, the discussion
about street upgrades in
Pendleton comes down to a
question of priorities.
At a special meeting today, the
city council — acting in its role
as the Pendleton Development
Commission — will ponder an
idea to use $3 million from the
urban renewal district to upgrade
streets.
The money, if directed toward
street maintenance and upgrades,
would be a one-time expenditure.
There is some trepidation
among a few council members
about the idea, including coun-
cilor Becky Marks and coun-
cilman Scott Fairley. Both have
expressed concerns that the
money earmarked for the urban
Staff photo by Kathy Aney
Cracks and potholes mar Pendleton’s North
Main Street.
renewal district should not be
used for streets. Marks, for one,
has indicated the money should be
used on projects that help boost
the property tax base. Fairley has
said urban renewal funds should
be used to tackle blight.
Fairly and Marks are not off
base on their concerns but there is
no denying city streets are a mess.
The city’s own report showed
that Pendleton’s roads continue
to deteriorate at an alarming rate
and as they do the price tag to fix
them climbs. The city, for exam-
ple, is set to spend $1.6 million in
the next fiscal year and it won’t be
near enough to solve the problem.
To permanently fix the streets
— and address a backlog of road
maintenance issues — the city
must spend about $4 million a
year over the next decade.
Proclaiming the city council
must implement “bold new ideas”
to solve the street funding issue
sounds good, but doesn’t pro-
vide the taxpayers with a clear
solution.
Other ideas — such as a gas
tax, a new hotel room tax and a
fee on event tickets — are ideas
worthy of further debate. Those
ideas, however, can’t get us from
here to there on this issue. Simply
brushing a problem aside because
it seems too large or pushing a
solution to the future isn’t good
government. It is passing the buck
and, frankly, Pendleton taxpayers
deserve better.
The council should make a
brave decision Tuesday night and
approve a transfer of the $3 mil-
lion to help with street upgrades.
No, it won’t solve the problem.
But it will be a step in the right
direction. It would be nice to
think a magical wand could be
waved to create all the funding
necessary to fix all the streets at
once. That isn’t reality. However,
doing something is better than
doing nothing.
OTHER VIEWS
Is Congress abusing its subpoena authority?
PRO: Democrats are doing it this time;
Republicans have done it in the past
The U.S. Constitution grants the House of
Representatives the express power to punish
OAKLAND, Calif. — Efforts are under-
or expel its own members.
way to hold Attorney General William Barr
Under the legal principle of interpretation
in contempt of Congress, which in theory
known as expressio unius est exclusio alte-
rius, when one or more things of a
could result in a fine or jail time for
class is expressly mentioned others of
Barr.
House Speaker Nancy Pelosi
the same class are excluded.
warns of a “constitutional crisis.”
By specifically recognizing the
Unfortunately, if there is such a
power of Congress to punish its own
crisis — and there isn’t — it would
members, an argument can be made
be the result of Congress’ abuse
that the Constitution should be inter-
preted to exclude the power of Con-
of its subpoena authority, which it
gress to punish others with contempt
would be wise to rein in.
Congressional investigations,
citations.
W illiam J.
subpoenas and threats to hold polit-
Indeed, early American history
W atkins J r .
COMMENT
ical rivals in contempt have become
has but a few examples where Con-
gress used compulsory process to
far too common in Washington.
obtain facts relevant to its legislative
Although the Democrats are the
and administrative functions.
ringmasters of the current circus, Republi-
cans have engaged in similar conduct in the
Modern practice, however, features a
past.
flurry of subpoenas and threats of contempt
A subpoena is a court-ordered command
proceedings. The courts have repeatedly rec-
ognized an inherent congressional power to
to either testify or produce documents or tan-
gible objects. No specific constitutional provi-
issue subpoenas and to punish individuals
sion authorizes Congress to issue subpoenas.
refusing to comply.
Congress claims the power is inherent in
The Supreme Court, in the 1957 case Wat-
kins v. United States, stated in sweeping fash-
its legislative authority, needed at times to
ion that “it is unquestionably the duty of all
help determine whether an issue or concern
citizens to cooperate with Congress in its
requires legislation.
Congress’s subpoena and contempt pow-
efforts to obtain the facts needed for intelli-
gent legislative action.”
ers often are traced back to the British Parlia-
ment. It is argued that the British context pro-
The high court also has recognized that
vides an example and surely the Framers of
the protections of the Bill of Rights such as
our Constitution wanted Congress to be able
right to counsel and right against self-incrimi-
nation apply to congressional investigations.
to use compulsion in its investigatory efforts.
This analogy is misguided in as much as
The real constitutional crisis has nothing
under the British form of government Parlia-
to do with the subpoena for the unredacted
ment was considered sovereign, possessing
Mueller report, but instead is the familiar
supreme power.
theme of Congress acting outside its enumer-
ated powers so it resembles the omnipotent
According to the eminent 18th-century
jurist William Blackstone, author of the
legislature Blackstone described.
“Commentaries on the Laws of England,”
“Implied/inherent” powers have chipped
Parliament “hath sovereign and uncontrolla-
away at the restraints of the Constitution for
ble authority in making, confirming, enlarg-
years and the current spectacle in Washing-
ton is just the latest example.
ing, restraining, abrogating, repealing, reviv-
ing and expounding of laws.”
Congress should eschew such political
So powerful was the Parliament that “it
sideshows and work within its enumerated
can change and create afresh even the Consti-
powers to deal with real crises, such as our
tution of the kingdom ...”
$22 trillion national debt, border security and
America’s Founders rejected the idea that
the ramifications of our failed nation-building
a single branch or institution of government
exploits in the Middle East.
could possess ultimate sovereignty.
William J. Watkins Jr. is a research fellow
Instead, popular sovereignty held sway,
with the Independent Institute, and author
where the people are supreme and delegate
of “Crossroads for Liberty: Recovering the
certain powers through written constitutions
Anti-Federalist Values of America’s First
to their federal and state governments.
Constitution.”
CON: Not a constitutional crisis, just
a supercharged political moment of
democracy in action
is or is not a crisis.
But is this a constitutional crisis? Well,
the U.S. Constitution provides for congres-
WASHINGTON — Are we in a con-
sional legislative powers and it was clear
stitutional crisis? We have the makings of
that the investigative powers needed to
a political crisis, but the constitu-
carry out that work were intended.
tional crisis that many are declar-
The Supreme Court and other
ing has yet to materialize.
courts have upheld and clarified
Crisis is a loaded word. At
these investigate powers. Some
times it can be used in a widely
would say that Trump’s refusal to
comply with congressional requests
agreed-upon context, but in the
makes this a constitutional crisis,
political realm it can often be used
but a recent court decision regard-
to emphasize a political point and
ing a congressional subpoena of
is much more subjective in nature.
Trump’s financial documents ruled
Take for example President
D on
that Congress does have the power
Donald Trump’s recent assertions
k usler
COMMENT
to subpoena and obtain such docu-
that there is a crisis on the border,
ments in carrying out its duties.
which led him to declare a national
Others might argue that Con-
emergency.
gress is creating a constitutional crisis by
This is driven by his personal and polit-
ically subjective opinion on immigration
ordering the release of sensitive documents
policy. Many others disagreed with the pres-
that the White House may see as under
ident about whether his definition of “cri-
executive privilege restrictions or that the
sis” was correct. Others, myself included,
Department of Justice may believe are to be
kept classified to protect various functions
believe that the “crisis” at the border was
of their work.
created by Trump’s hardline policies and is
However, again, court rulings have
a humanitarian crisis.
often disagreed and accommodations made
The political battles continue around a
allowing for and confirming the congressio-
host of issues, the rhetoric gets more heated
nal right to investigate.
with each battle, and at times that word —
What we truly face in this moment is a
crisis — is used.
supercharged political problem.
Democrats in control of the House of
A rule-bending and possibly lawbreak-
Representatives, for instance, are working
ing executive branch is protecting its politi-
to use their constitutionally backed powers
cal future, not the separations of powers that
of investigation to take up the work done in
they claim.
the Mueller probe and determine the extent
The Department of Justice’s top leader-
of Russian election interference and any role
ship is stubbornly and sadly complying with
Trump, his campaign, or associates played
these political motives.
in the interference for questions left unan-
Court rulings past and present, however,
swered by the probe or that was outside the
provide our path out of this predicament
probe’s scope.
even as legitimate oversight actions are
Congressional Democrats, in attempt-
ing to exercise their constitutional duties of
characterized as politically motivated.
oversight, have asked for documents, com-
So what we have is a political crisis but
munications and witness testimony.
not yet a constitutional one. If, however,
Trump’s White House and personal legal
Trump through his related official and per-
sonal entities continues to resist legally
teams have responded to these fairly com-
mon and routinely honored requests with
obligated oversight compliance, if the judi-
cial system somehow abdicates precedent
blanket refusals, even going as far as to sue
and its constitutional role in ruling on any
the House committees involved to refuse
legal challenges to congressional investiga-
legally obligated compliance.
tive powers — then, we will ultimately see
Again, the word “crisis” is used as
whether we also have a constitutional crisis.
numerous elected officials and commenta-
tors declare that this activity is a “constitu-
Don Kusler is national director of Amer-
icans for Democratic Action, an organi-
tional crisis.” But again the political nature
zation committed to liberal politics and
of our current public and elected political
policies.
discourse leads to wide variations on what
YOUR VIEW
Walla Walla VA provides
valuable resources
On Memorial Day, we remember the men
and women who died in military service to
our country. Their ultimate sacrifice enabled
the United States to become the greatest
nation known to mankind.
So it is appropriate that we also recognize
the invaluable resources for veterans that
exist here in Walla Walla — the Jonathan M.
Unsigned editorials are the opinion of
the East Oregonian editorial board. Other
columns, letters and cartoons on this page
express the opinions of the authors and not
necessarily that of the East Oregonian.
Wainwright Memorial VA Medical Center,
the Veterans Center (located at 1104 W. Pop-
lar), and the Walla Walla Veterans Home. All
three provide the highest quality of service
to the men and women who have served our
country in our armed forces — the Marine
Corps, Army, Navy, Air Force and Coast
Guard.
The VAMC has long served veterans and
continues its important tradition of medical
and mental health treatments. In addition to
its physicians and nurse practitioners, spe-
cialty clinics are available for wound care,
eye, dental, prosthesis and other important
areas.
The Vets Center provides excellent indi-
vidual and group counseling and serves as
a knowledgeable resource for VA benefits.
It is home for DAV service officer Cathe
Kujawski, a skilled veterans advocate.
The Washington State Veterans Home is
located on the campus of the VAMC and is
unparalleled in its care of men and women in
eight highly functional, individual homes.
I have been served by all three of these
resources and I could not have asked for bet-
ter care. Please join me in recognizing and
praising the men and women who make
these facilities invaluable to the veterans of
southeastern Washington and northeastern
Oregon.
Skip Nichols
Walla Walla
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for publication in the newspaper and on our website. The newspaper reserves the right to withhold
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Pendleton, OR 97801