“Conducting investigations is the means that Congress uses to carry out that constitutional obligation. Thus, blatant defiance of Congress’ centuries-old power to compel the performance of witnesses is not an abstract injury, nor is it a mere banal insult to our democracy. It is an affront to the mechanism for curbing abuses of power that the Framers carefully crafted for our protection, and, thereby, recalcitrant witnesses actually undermine the broader interests of the People of the United States.”

— Ketanji Brown Jackson

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

Adopted from Wikiquote. Last update June 3, 2021. History

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Ketanji Brown Jackson10

United States District Judge 1970

Paul Craig Roberts (1939) American economist

"The Bitter Fruits of Deregulation," CounterPunch (2008-09-24)

“I earnestly invoke the attention of Congress to the consideration of such measures within its well-defined constitutional powers as will secure to all our people a free exercise of the right of suffrage and every other civil right under the Constitution and laws of the United States. No evil, however deplorable, can justify the assumption either on the part of the Executive or of Congress of powers not granted, but both will be highly blamable if all the powers granted are not wisely but firmly used to correct these evils. The power to take the whole direction and control of the election of members of the House of Representatives is clearly given to the General Government. A partial and qualified supervision of these elections is now provided for by law, and in my opinion this law may be so strengthened and extended as to secure on the whole better results than can be attained by a law taking all the processes of such election into Federal control. The colored man should be protected in all of his relations to the Federal Government, whether as litigant, juror, or witness in our courts, as an elector for members of Congress, or as a peaceful traveler upon our interstate railways.”

Benjamin Harrison (1833–1901) American politician, 23rd President of the United States (in office from 1889 to 1893)

First State of the Union Address (1889)

“They believe that the Congress of the United States has no power under the Constitution to interfere with the institution of slavery in the different States.”

Abraham Lincoln (1809–1865) 16th President of the United States

1830s, Illinois House Journal (1837)

“A powerful judicial system is our protection Gone are the days when easy to carry out a coup d’état. Only a powerful judicial system is our protection from all abuses and mishandling of any issue, including the politics or economics of the country.”

Akhtar Aly Kureshy (1963) Pakistani advocate, legal advisor

Source: https://www.pakistantoday.com.pk/2020/11/07/seeking-judicial-activism/

“This defeat is only the latest chapter of what I’ve always known would be a long, hard haul. Our democracy’s history is littered with names we neither remember nor celebrate — people who stood in the way of progress while protecting the powerful. On Wednesday, a number of senators voted to join that list. Mark my words: if we cannot make our communities safer with the Congress we have now, we will use every means available to make sure we have a different Congress, one that puts communities’ interests ahead of the gun lobby’s. To do nothing while others are in danger is not the American way.”

Gabrielle Giffords (1970) American politician

A Senate in the Gun Lobby’s Grip, The New York Times, 2013-04-18, April 17, 2013 http://www.nytimes.com/2013/04/18/opinion/a-senate-in-the-gun-lobbys-grip.html?hp&_r=0,

“It would be childish to think that the Stalin bureaucracy can be removed by means of a Party or Soviet Congress. Normal, constitutional means are no longer available for the removal of the ruling clique … They can be compelled to hand over power to the Proletarian vanguard only by FORCE.”

Leon Trotsky (1879–1940) Marxist revolutionary from Russia

Bulletin of the Opposition, October 1933. Quote from Harpal Brar's Trotskyism or Leninism? p. 625

“Thus, when presented with a case or controversy, it is the Judiciary’s duty under the Constitution to interpret the law and to declare government overreaches unlawful. Similarly, the House of Representatives has the constitutionally vested responsibility to conduct investigations of suspected abuses of power within the government, and to act to curb those improprieties, if required. Accordingly, DOJ’s conceptual claim to unreviewable absolute testimonial immunity on separation-of-powers grounds—essentially, that the Constitution’s scheme countenances unassailable Executive branch authority—is baseless, and as such, cannot be sustained.”

Ketanji Brown Jackson (1970) United States District Judge

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

“What is missing from the Constitution’s framework as the Framers envisioned it is the President’s purported power to kneecap House investigations of Executive branch operations by demanding that his senior-level aides breach their legal duty to respond to compelled congressional process.”

Ketanji Brown Jackson (1970) United States District Judge

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

“The question fairly stated is, Has the Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or has actually withdrawn from the Confederacy?”

James Buchanan (1791–1868) American politician, 15th President of the United States (in office from 1857 to 1861)

Speech before Congress (3 December 1860).
Context: The course of events is so rapidly hastening forward that the emergency may soon arise when you may be called upon to decide the momentous question whether you possess the power by force of arms to compel a State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important subject.
The question fairly stated is, Has the Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or has actually withdrawn from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government. It is manifest upon an inspection of the Constitution that this is not among the specific and enumerated powers granted to Congress, and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution.

“If [an FBI agent] abuses his power, we should punish him, and there are laws on the books for that. But just because a power can be abused doesn’t mean you take away the power. Congress can declare war unjustly. What do we do if they do so? Do we take away their power to declare war? No. We somehow reprimand Congress. We vote them out of office. If a senior official or a field agent leaks some personal information on someone, they should go to jail, and they will.”

Mark Riebling (1963) American writer

Interview with Mark Riebling (2002)

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