Open Letter To National Legislature

… Careful review of the facts of our past, recent past and prevailing 167-year history shows that we had and continue to ignore, disrespect and disobey, consciously, the laws that we created, debated, approved and passed, including statutory, legislative enactments and our organic, constitutional laws.

The Honorable, National Legislature
Attention: Hon. J. Alex Tyler, Speaker, House of Representatives
Hon. M. Gbezohngar Findley, President Protempore of the Senate

Sir:

It is my distinguished honor and opportunity to present sincere greetings and compliments, and to extend wishes of good health, long life, prosperity and success throughout the coming years. As an Elder, Senior Citizen, life-time public servant and one of your constituents, I invite, most respectfully, your attention to the concerns expressed hereunder.

The Issues

Elsewhere, in response to press reports under the banner headline, “Lawmakers Undermine Legislative Function”, the Keynote address by one of your members, Representative Honorable Bhofal Chambers, we wrote that “. . . fundamental to the argument presented by the Honorable . . . Chambers was or is” that acceptance of appointment by the President for service in the Executive-Branch Agency of Government, under the direct, personal supervision of the President, of Hon. Alex Tyler, Speaker of the House,  Hon. Edwin Snowe, Representative, Hon. Milton Findley, President Pro-Temp of the Senate and others unidentified (The Analyst, September 26, 2014) “not only acknowledges, admits and yields superior, imperial power to the Executive Branch (including the power of the President) over the Legislative Branch and, therefore, weakens the Oversight/Policy-making Role/Responsibility of the National Legislative Branch, but also, is a clear violation of Article 3 of the Constitution – the doctrine of separation and co-equality of their powers with checks balances!!”.

But, there is an apparent, public policy contradiction here. You will recall that You, the same Legislative Leaders – the Speaker, Hon. Alex Tyler and President Pro-Temp of the Senate, Hon. Milton Findley lamented that the National Legislature is “drowning in subservience, struggles under imperial executive . . . the President, head of the Executive Branch, has stolen the entire show” (The Analyst, June 30, 2014) are yielding or have, now, yielded and drowned in subservience to the imperial power of the Executive”. There is need for clarification – harmonization consistent with law, being aware of the critical, negative signals transmitted by this contradiction, worldwide.

Indeed, given this critical period in the history of our country, during which we are caught unprepared, with our pants down and forced to review, revise, develop, up-grade, prescribe and implement a rational, relevant and responsive public policy, with particular respect to and emphasis on the nation’s health-care delivery system, while we struggle to contain the spread of and, eventually, eliminate this devastating, deadly Ebola Epidemic, it will not be only illegal, but also, reduce the legislative process to a puppet, rubber-stamp regime, absent of the constitutional “doctrine of checks and balances and separation of powers”.

Honorable Lawmakers, You are quite aware of the requirements of Article 3 of our Constitution (1986) which provides that “Consistent with the principles of separation of powers and checks and balances, no person holding office in one of the these branches (of government), shall hold office in or exercise any of the powers assigned to either of the other two branches except as otherwise provided in this Constitution; and no person holding office in one of the said branches shall serve on any autonomous, public agency”. This provision, as you know, is clear, cogent and reasonable.

Our Turbulent Past

Careful review of the facts of our past, recent past and prevailing 167-year history shows that we had and continue to ignore, disrespect and disobey, consciously, the laws that we created, debated, approved and passed, including statutory, legislative enactments and our organic, constitutional laws. Case in point:

Elsewhere, we raised the issue of Article 3 in the selection/appointment of members of directors of public and autonomous agencies, state enterprises and educational institutions operating under and within the Executive Branch of Government. The legislations creating these institutions were/are written, debated and passed by the National Legislature. Now, placing members of the Legislature on the boards of these agencies is not only violation of article 3, but may be likened to mandating the Police to “police” the Police, a clear case of potential “conflict of interest”, at the very least; there are other critical, policy complications.

“Meanwhile”, we held that “it is said that successful, thriving, liberal, democratic political communities are those that respect, obey, promote and defend their rules, regulations and laws, with commitment to and operate under The Rule of Law”.