Replies to post #371818 on Fannie Mae-No Politics (FNMA)

[rekcusdo]

"Why do you feel that Congress doesn't have the authority thru its oversight powers to determine HERA is not being followed? "

That is not how the system works.

Congress creates the legislature. Courts interpret it.

The process would look something like this...

1. Congress passes HERA.
2. Mel Watt acts on HERA (supposedly inappropriately).
3. A suit is brought against Mel Watt.
4. The courts rule if HERA was followed.
5. Remediation is made if the courts find against Watt.

Or it can also go like this...

1. Congress passes HERA.
2. Mel Watt acts on HERA (supposedly inappropriately).
3. Congress Amends HERA to be more specific (with the intent to counteract Watt).
4. Mel Watt must change his actions.
5. If Watt doesn't change his actions, refer to steps 3-5 in the first process.

"Certainly the judiciary is there to determine legislative ambiguity - but Congress can certainly make a finding when the plain language of the law is violated/not followed. Do you feel we're dealing with ambiguity?"

I definitely think we are dealing with ambiguity, but even if we weren't, it is not Congress's job to interpret the law or whether a law was violated. That is the Judiciary's job. Congress can amend a law, but not determine it to be being violated. Think of it like this...if Congress determines that a law is being violated, what is their recourse? They can't impose sanctions or send people to jail because it is not within the Constitution for Congress to be able to "punish" anyone. If Congress attempted to punish anyone, it would be a bill of attainder which is a violation of their powers. If they punished someone for a past wrongdoing, it would be ex post facto, which is also a violation of their powers. Congress just can't act like that.