of powers, the founders’ bulwark against tyranny, is not what it might seem. As James Madison explained in theNo. 47, the idea is not to keep the legislative, executive and judicial departments “absolutely separate and distinct”. Rather, Madison wrote, each must exercise a measure of “control” or “agency” over its fellow branches.
The first pair of cases, argued by telephone , concerned House subpoenas to Capital One and Deutsche Bank, two of Mr Trump’s lenders, and Mazars, his accountant. The Oversight Committee had demanded documents to help it consider revising government ethics laws. The Intelligence and Financial Services Committees said they wanted to investigate money-laundering and foreign interference in the 2016 election.
The House’s lawyer, Douglas Letter, seemed to have precedent on his side. In 1927 the court observed that the “power to secure needed information…has long been treated as an attribute of the power to legislate.” And in 1974 it unanimously ordered Nixon to comply with a subpoena for his White House tapes. But when pressed to identify a limit on Congress’s subpoena power, Mr Letter faltered. Justice Samuel Alito, one of the court’s most skilful questioners, backed him into a Socratic corner.
Can you imagine the uproar (“racist!”) if Republicans had tried to subpoena Obama’s bank statements?
Make America great again?
That's very much like Trump.
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