Former Congressman (as she preferred to be titled) Helen Chenoweth-Hage died today in a one-car crash near Tonopah, Nev., 172 miles northwest of Las Vegas. She was 68.

Helen Chenoweth-Hage was born in Topeka, Kansas, grew up in Grant’s Pass, Oregon, and attended Whitworth College in Spokane, Washington. She married Nick Chenoweth of Orofino, Idaho in 1958. They had two children, and divorced in 1975. From 1975-1977, she was Executive Director of the Republican Party in Idaho. She was subsequently chief of staff and campaign manager for Steve Symms.

In 1994, she ran for Congress for the Idaho First District, pledging to occupy the office for no more than three terms. She defeated a two-term incumbent in a colorful campaign which saw Chenoweth hosting “endangered salmon bakes.”

She was an arch libertarian, and ranked as one of the most conservative members of Congress. I remember her with affection.

She was a defender of militia movements, and frequently attacked over-militarization of federal law enforcement. One can perceive just how sound she was by reading this commie attack piece identifying her as a “Poster Child of the Militia.”

She was a severe critic of William Jefferson Clinton, and was one of the first to call for his resignation. In return, her own private life was attacked by a sleazy Pacific Northwest leftist in a shameful hit piece in Salon.

In 1997, she introduced H. J. Res 83 in the 103rd Congress, a new version of the famous Bricker Bill attempting to place restrictions on treaties and executive agreements entered into by the United States. Unfortunately, that Congress neglected to pass this highly desirable measure.

Faithful to her word, despite being re-elected by comfortable margins, Helen Chenoweth declined to run for Congress again after her third term.

In today’s automobile accident, Helen Chenoweth-Hage was a passenger in the car driven by her daughter-in-law, and was holding her infant grandson in her lap. She was thrown from the car, but succeeded in protecting the infant while suffering fatal injuries herself.

The House of Representatives, in a moronic 394-22 vote, inserted into the annual Defense Spending Bill a ridiculous feel-good clause forbidding the construction of permanent US bases in Iraq, and stipulating that all facilities under construction will be handed over to the Iraq Government.

What with Iran functioning as a principal sponsor of terrorism, and well on the way to acquiring nuclear weapons, who could possibly have any legitimate use for a permanent US base on Iraqi soil? All our effort and sacrifices and expenditures in Iraq really should be looked upon as a completely disinterested, no-strings-attached gift to a bunch of bigoted primitives who hate our guts, and desire our Civilization’s conquest. We defeated them in battle twice. The least we could do is spend a few trillion dollars, rebuild their infrastructure, replace their home-grown dictator with a democratic government, hand them a bunch of flowers, and walk away. It’s only right. Why should we get anything useful out of any of this?

If today’s morons were running the country during WWII, I’d be writing this in Japanese ideograms.

LA Times story.

President Bush intervened in the conflict between the Justice Department and Congress, ordering the material taken from Rep. William Jefferson’s office sealed for 45 days, obviously in order to provide time for judicial review.

The president deserves commendation for acting responsibly on the occasion of a conflict in the Constitutional balance between federal branches. I think myself that a number of usually extremely perspicacious commentators on the Right went off half-cocked on this one.

Readers will recall that the FBI searched Rep. Jefferson’s office on Saturday and Sunday, and that the US Constitution, Article 1, Section 6, says:

The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

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In evaluating these kinds of issue, I think that a good starting point is always Justice Joseph Story (Y 1798)’s Commentaries on the Constitution of the United States (1833).

On Article 1, Section 6, Justice Story decidedly notes the importance of legislative immunity :

§ 856. The next part of the clause regards the privilege of the members from arrest, except for crimes, during their attendance at the sessions of congress, and their going to, and returning from them. This privilege is conceded by law to the humblest suitor and witness in a court of justice; and it would be strange, indeed, if it were denied to the highest functionaries of the state in the discharge of their public duties. It belongs to congress in common with all other legislative bodies, which exist, or have existed in America, since its first settlement, under every variety of government; and it has immemorially constituted a privilege of both houses of the British parliament.

It seems absolutely indispensable for the just exercise of the legislative power in every nation, purporting to possess a free constitution of government; and it cannot be surrendered without endangering the public liberties, as well as the private independence of the members.

§ 857. This privilege from arrest, privileges them of course against all process, the disobedience to which is punishable by attachment of the person, such as a subpoena ad respondendum, aut testificandum, or a summons to serve on a jury; and (as has been justly observed) with reason, because a member has superior duties to perform in another place. When a representative is withdrawn from his seat by a summons, the people, whom he represents, lose their voice in debate and vote, as they do in his voluntary absence.

The legislative immunity in Britain, Story notes, was confined to intervals only modestly longer than the actual sessions of Parliament.

§ 858. The privilege of the peers of the British parliament to be free from arrest, in civil cases, is for ever sacred and inviolable. For other purposes, (as for common process,) it seems, that their privilege did not extend, but from the teste of the summons to parliament, and for twenty days before and after the session. But that period has now, as to all common process but arrest, been taken away by statute.

The privilege of the members of the house of commons from arrest is for forty days after every prorogation, and for forty days before the next appointed meeting, which in effect is as long, as the parliament lasts, it seldom being prorogued for more than four score days, at a time.

In case of a dissolution of parliament, it does not appear, that the privilege is confined to any precise time; the rule being, that the party is entitled to it for a convenient time, redeundo.

In today’s United States, when it ordinarily takes a year or more to go to trial, one would expect legislators to be able to claim very long intervals of immunity.

Even in Britain, Story notes, that Spirit of Modernity has tended to curtail the principle of legislative immunity short of the point where it might benefit the contents of Rep. Jefferson’s office.

§ 859. The privilege of members of parliament formerly extended also to their servants and goods, so that they could not be arrested. But so far, as it went to obstruct the ordinary course of justice in the British courts, it has since been restrained.

In the members of congress, the privilege is strictly personal, and does not extend to their servants or property.

Note that Justice Story accords Congress only a lower case “c.” The American principle of Republicanism was decidedly stronger and more keenly felt in 1833 than it is today, when presidents are accompanied routinely by a complement of bodyguards and functionaries the Sultan of Byzantium might envy. I think Justice Story’s observations are informative, as always, but I think an able attorney would not have the least difficulty in arguing either side of Rep. Jeffeson’s claim to the application of Article 1, Section 6 privileges to his office papers (and bags of currency).

FBI agents reportedly searched the House office of Rep. William Jefferson, D-LA, on Saturday evening and last Sunday in connection with a bribery and corruption investigation.

Prominent Repubican Congressional leaders, including former Speaker of the House Newt Gingrich and current Speaker Dennis Hastert, have criticized the FBI’s conduct, and raised Constitutional objections.

Some of the most respected voices on the right side of the Blogosphere, including Glenn Reynolds, Michelle Malkin, and Roger L. Simon have objected to the position taken by the Speakers.

Our good friends need to pause for breath, and reflect seriously. The principle of separation of powers matters greatly. Congressional immunity from arrest matters tremendously. These principles of Republican government are infinitely more important than the successful conviction of one more corrupt democrat congressman. History demonstrates abundantly that we can survive the culture of political corruption of the democrat party. But free government could readily be brought to an end by the domination of the several branches of the federal government by a single branch.

In recent history, Congress has been far more guilty than the Executive of arrogating unauthorized powers to itself, and attacking the Executive on the basis of trumped up and exaggerated charges. But, it is certainly possible to imagine an aggressive ultra-liberal president trying to remove Congressional opposition by false allegations of corruption. Some of us believe that the House Majority Leader was successfuly removed by false charges lodged by a partisan county prosecutor in Texas.

It is on rare occasions like this, in which political leaders take principled positions, ignoring their own party’s interests, that our faith in our system of government and its institutions is justified and confirmed.

Read the US Constitution, Article I. Section 6 which states:

The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

I think it is impossible to avoid considering Congressional offices as part of the “going to and returning from the same” aspect of Congressional attendance. And the 18th century concept of a felony would apply to what were then commonly capital crimes of violence, not to ordinary bribery and corruption.

Of course, the determination of all this may, and should be left to the wisdom of Third Branch of the Federal Government, the Supreme Court. But, in the meantime, we should be proud that Republican Legislative leaders will defend the rights of their branch of government, even in the case of its least worthy member.

Rep. John Shadegg of Arizona entered the race for House Majority Leader today. And a group including many of the most repected bloggers on the Political Right issued the following statement addressed to House Republicans:

An Appeal from Center-Right Bloggers
We are bloggers with boatloads of opinions, and none of us come close to agreeing with any other one of us all of the time. But we do agree on this: The new leadership in the House of Representatives needs to be thoroughly and transparently free of the taint of the Jack Abramoff scandals, and beyond that, of undue influence of K Street.

We are not naive about lobbying, and we know it can and has in fact advanced crucial issues and has often served to inform rather than simply influence Members.

But we are certain that the public is disgusted with excess and with privilege. We hope the Hastert-Dreier effort leads to sweeping reforms including the end of subsidized travel and other obvious influence operations. Just as importantly, we call for major changes to increase openness, transparency and accountability in Congressional operations and in the appropriations process.

As for the Republican leadership elections, we hope to see more candidates who will support these goals, and we therefore welcome the entry of Congressman John Shadegg to the race for Majority Leader. We hope every Congressman who is committed to ethical and transparent conduct supports a reform agenda and a reform candidate. And we hope all would-be members of the leadership make themselves available to new media to answer questions now and on a regular basis in the future.

Signed,

N.Z. Bear, The Truth Laid Bear
Hugh Hewitt, HughHewitt.com
Glenn Reynolds, Instapundit.com
Kevin Aylward, Wizbang!
La Shawn Barber, La Shawn Barber’s Corner
Lorie Byrd, Polipundit
Jeff Goldstein, Protein Wisdom
John Hawkins, Right Wing News
John Hinderaker, Power Line
Jon Henke / McQ / Dale Franks, QandO
James Joyner, Outside The Beltway
Mike Krempasky, Redstate.org
Michelle Malkin, MichelleMalkin.com
Ed Morrissey, Captain’s Quarters
Scott Ott, Scrappleface
John Donovan / Bill Tuttle, Castle Argghhh!!!

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I’ll sign it too. But I’d like to add the request that, in addition to battling lobbyist corruption, Republicans remember that they were elected to do something other than buy themselves votes with the taxpayers’ money. Democrats were already doing exactly that, and they lost the majority in both houses of Congress precisely because the voters in this country had tired of old style special interest politics and pork.

And I would ask Republicans to make sure that the clean-up includes some of those undoubtedly eminently deserving democrats as well.

Signed,
David Zincavage, Never Yet Melted