Debatable DeLay: A Congressman Sparks Controversy and Generates Ideas

Recent ethics charges against House Majority Leader Tom DeLay (R- Texas) have brought to the fore several themes worth consideration: abuse of power, Congress’ role in the judiciary, and extremism.

DeLay has not been found guilty of breaking any laws or Congressional rules, but he is under investigation by the Ethics Committee for the second year in a row. The charges have Democrats decrying DeLay for abuse of power and Republicans arguing about whether to defend or dismiss him.

Abuse of power?

Currently, DeLay is accused of accepting all-expense-paid trips from lobbyists, which is prohibited by House rules. DeLay claims that his travels to Russia in 1997, Britain in 2000, and Korea in 2001 were funded by non-profit organizations, which is permitted. The Ethics Committee will determine which side of the story is true.

Further, Democrats criticize DeLay for paying his wife and daughter exorbitant salaries to help run his political campaigns, although it is legal to employ a family member as a campaign staffer.

DeLay is under fire by Republicans as well. Two House members, Christopher Shays of Connecticut and Tom Tancredo of Colorado, have publicly urged DeLay to give up his leadership position during the investigation. And Senator Rick Santorum (R - Pennsylvania) has encouraged DeLay to publicly explain his actions.

President Bush has stayed away from the scandal, preferring to send Karl Rove, his top political consultant and Deputy Chief of Staff, to DeLay’s defense. In recent weeks, Bush has shied away from calling DeLay a friend, instead referring to him as a business associate.

Democrats criticize the Republican Party for abuse of power in relation to the DeLay scandals. In 2004, Republicans rewrote House ethics rules that helped DeLay escape penalty. For more on this, click here.

But Republicans say that Democrats are themselves abusing their power by holding up the Ethics Committee meeting that could exonerate Mr. DeLay. The senior Democrat on the committee, Representative Alan B. Mollohan of West Virginia, has said that he won’t let the group convene until Republicans reverse the rule changes made in 2004.

Further, Republicans argue that Democrats abuse their power to filibuster judicial nominations. In response, the GOP may take drastic measures to ensure that Bush’s nominees reach the federal bench.

Congress and the judiciary

Some Republicans want to prevent Democrats from using a procedural tactic called the filibuster to block judicial nominations. GOP leaders in the Senate are working to change this long-established minority right in order to secure Bush’s legacy in the judiciary. For more on this, click here.

Republicans in the House are looking to influence the judiciary as well. Tom DeLay has led the charge against "activist" judges, publicly criticizing the courts and proposing legislation to limit their powers. Most recently, he criticized the judges who ruled in the Terri Schiavo case, calling the federal courts the "left’s last legislative body" on a Fox News radio show.

In the past, DeLay has proposed legislation that would break up the Ninth Circuit Court of Appeals (deemed the most "liberal" in the country) and backed a measure that would prevent the courts from ruling on certain issues such as the Pledge of Allegiance.

DeLay believes that Congress should have more of a check over the courts. He would, therefore, be likely to back the Constitution Restoration Act, which has been proposed in both the House and the Senate. This legislation would prevent federal courts from hearing cases involving the acknowledgment of God, such as the recent case involving the Ten Commandments.

Democrats, for their part, are hoping to paint DeLay as an extremist so that he will lose votes in the upcoming 2006 election.

What is extreme?

In addition to the alleged ethics violations, Tom DeLay is being condemned for what some call "extremist" views. But just how radical is his opinion of the judiciary? Many Americans expressed frustration with the outcome of the Schiavo case. And many Republicans, including President Bush, have condemned "judicial activism."

What do you consider extreme? Would it be zealous for Congress to limit the courts’ jurisdiction over church and state matters? If the judiciary didn’t handle such issues, who would?

Do you feel the checks and balances among the three branches of government to be skewed? If so, which governing body has the most power and what could be done to restore balance?

What do you think?

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Posted on: 4/25/2005