The power to subpoena can be the power to destroy, as anyone who's been watching the continuing tragicomedy of errors in the state Legislature can testify. It seems some our more thoughtless lawmakers have moved to put Circuit Judge Patricia James on oath before their little inquisition. Her response: None at all. The particular subject they were interested in investigating was the placement of children in foster homes, but the subject matters less than her eloquent silence, which speaks louder than anything she might have said. For when Arkansas' constitution and that of the United States of America speaks of the separation of powers, it means just that.
Some of us can remember when the current and soon-to-be former occupant of the Oval Office took it upon himself to lecture the Supreme Court of the United States on constitutional law and succeeded only in embarrassing himself by stepping far, far out of bounds.
Besides, there are plenty of other defenders of the separation of powers who can be called on to bear witness to that essential principle of any limited government, including our own. Scholarly defenders like John DiPippa, dean emeritus of the UALR's law school. Here is his well-considered opinion: "Our long constitutional history counsels against one branch of government interfering with the operations of another. We should not tarnish that history by going forward with this subpoena."
Some of these legislators seemed unable to take the hint for the longest time. But in the end, even they figured out they were were heading right off a constitutional cliff and backed away from this foolish course, avoiding a collision that would have reverberated throughout the state, much to their discredit. Whew. Even legislators, it seems, may catch on at last. Educating them can be a long and painful task, but it's worth the effort, if only to demonstrate that our lawmakers are educable.
Once upon a time there was a great justice of the country's Supreme Court, John Marshall Harlan the elder, who not only declined to comment on cases likely to arise before him, but to vote in presidential elections after he was named to the bench. What a quaint holder from another age. God send us more like him.
Editorial on 10/18/2016