Constitutional Conflicts

August 11, 2018

We frequently hear from advocates of the 1st amendment, the 2nd amendment, the 4th amendment, et al.

We don’t often hear about one of the key concerns of our ‘Founding Fathers’, perhaps best voiced by James Madison who said, “The truth is that all men having power ought to be mistrusted.”

Indeed.

Madison and his colleagues made sure that one of the basic precepts of the U.S. Constitution was to ensure a separation of powers enforced through a series of checks and balances to prevent a single person (or branch of the federal government) from becoming too powerful, thus thwarting the potential for fraud, self-aggrandizement and to encourage timely correction of errors or omissions.

The system of checks and balances is intended to act as a circuit breaker over the separation of powers, balancing the authorities of the separate branches of government.

It assumes honest and impartial actions by each department charged with the responsibility to verify the appropriateness and legality of actions initiated by the others.

Never before Donald Trump have we had a senior elected federal official who refused to disclose the details of his finances.  And, in U.S. history there has never been a president for whom it was more important that we know the details of his finances.

Trump has a well-documented history as an incompetent and perhaps corrupt businessman. After election, he refused to divest himself of his holdings, providing an open window of opportunities for bad people to entice him – and his family – with unimaginable advantages.  Why?  Trump’s income comes from an incredibly complex web of companies that are impossible for outside observers to comprehend.

We know from public information that the Trump Organization is not just one company, but a very complex assemblage of pass-through entities.  In a March 2016 letter from his tax lawyers, Donald Trump’s financial situation is described as “inordinately large and complex for an individual” because he holds “interests as the sole or principal owner in approximately 500 separate entities (which) are collectively referred to and do business as The Trump Organization.”

Now, more than 18 months after Trump was inaugurated, The Trump Organization continues to bring in money from deals involving potentially questionable characters and foreign governments possibly looking to influence POTUS. We have no idea who his partners in those hundreds of pass-through companies are, and whether they might have compromising information on him.

How can it be that we have allowed Mr. Trump to get away with keeping his tax returns secret?

Why?

Members of Congress have abdicated their role as arbiters of Executive Branch ethics by refusing to demand release of current (2014 – 2017) business and personal federal income tax returns from Donald Trump, The Trump Organization, and any relevant and/or related entities.

We can only conclude that this is clear evidence of dereliction of duty by these officials whom we elected to represent the interests of the American people.

Economically and financially competent American voters must demand full and immediate disclosure of current tax returns by senior elected officials, particularly at the executive and legislative level.

If they who wish to serve don’t wish to disclose, they shouldn’t run for public office.

If they who are elected refuse to disclose, they should automatically be removed from public office.

No exceptions. No excuses.

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