1. Neither Napolitano nor McCarthy seem to know that it’s not until much later in our history, relatively recently in fact, that Congress started routinely issuing subpoenas at the president and accusing him of obstruction for refusing to comply.
2. From our earliest days, Congress and the Executive would negotiate matters related to witness and document production to avoid a constitutional clash. And in President Trump’s case, the nature and number of subpoenas, and the claims of obstruction, is unprecedented.
3. To say that the Democrats in the House have illimitable power under the Constitution to do so and that the president must comply with such demands despite his obligations under separation of powers and Article II has absolutely no historical support whatsoever.
4. Moreover, the danger of such a position is obvious. Madison himself feared the institution of the executive could be nurtured if limits were not placed on Congress. A Legislature, he believed, was just as capable of tyrannical behavior as an Executive.
5. Therefore, I challenge both gentlemen to point to their historical authority for their ultimate position that the House has illimitable subpoena power unchecked by either of the other two branches of government.
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