Elected Officials Must Live Under The Laws They Make

June 1, 2006, In Washington, much ado has been made over the U.S. Department of Justice’s decision to raid the office of a sitting congressman who is being investigated on allegations of bribery.

Some members of the congressional leadership are arguing that the FBI had no right to search a congressional office. They say the action may violate the separation-of-powers regulations concerning the judicial, executive and legislative branches of government.

Granted, some of the questions regarding separation of powers are complex. That’s why President Bush did the right thing by ordering a 45-day cooling-off period before action is taken on the documents seized from the office. But the fact remains that if a member of Congress does something wrong, he should be treated the same as a private citizen.

Regardless of the intent of Congress’ leadership, the uproar sends the wrong message to the American people. The outcry shouldn’t be over the fact that the office was raided; it should be over the allegation that $90,000 was found in a freezer in a congressman’s house.

Swearing an oath to uphold and defend the Constitution does not exempt a person from abiding by the laws of the land. When members of Congress refuse to live under the laws they make, they risk becoming a government class – self-serving and distant from the people. James Madison wrote that the House of Representatives “can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society.”

This bribery scandal is an embarrassment to those of us who are elected and sworn to uphold the public trust. Most of us in public service are trying to do the right thing, but a few bad apples are tainting the image of all those who serve in government.

James Madison also said the American people have “a spirit which nourishes freedom, and in return is nourished by it. If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate any thing but liberty.”

At stake here is Congress’ credibility. In a democracy, it is important to have the confidence of the people. The legislative branch simply can’t govern without integrity.