As a retired faculty member of the University of Oregon and
a voter for the past 57 years, I remain committed to our democratic system, where
all citizens are treated with equality and respect under the rule of law.
However, after weeks of chaos and blatant constitutional
violations by the executive branch, I am deeply concerned by Congress’s lack of
action in restoring its legislative authority, particularly over national
security, financial oversight, and civil service protections.
So I worked with artificial intelligence tools to develop a list of specific actions Congress can take to restore its constitutional role
and block harmful overreach by the executive branch. I sent this to my senators and Congresswoman but I could not send letters to anyone else's representatives because their online contact form will not let you proceed when it verifies your address. So I'm sharing my letter here and urging you all to feel free to use it or any part of it to contact your representatives. The letter mentions legal actions your state Attorney Generals can take too, so you can copy and paste those sections and send them to your state AGs as well.
Dear [Legislator’s Name],
I remain committed to our democratic system, where all
citizens are treated with equality and respect under the rule of law. However,
after weeks of chaos and blatant constitutional violations by the executive
branch, I am deeply concerned by Congress’s lack of action in restoring its
legislative authority, particularly over national security, financial
oversight, and civil service protections.
Below, I outline specific actions Congress can take to
restore its constitutional role and block harmful overreach by the executive
branch.
1. Block Unauthorized Access to Government Records
Legislative Actions:
- Introduce/co-sponsor
bills strengthening penalties for unauthorized access.
- Improve
security clearance procedures via amendments to the Federal Information
Security Management Act (FISMA).
- Include
provisions in appropriations bills mandating enhanced security protocols.
Oversight Powers:
- Call
emergency hearings in the House Financial Services or Senate Banking
Committees.
- Request
investigations by the Government Accountability Office (GAO).
- Demand
briefings from agency heads regarding security clearance compliance.
Administrative Pressure:
- Write
formal letters demanding explanations from agency heads.
- Request
Inspector General (IG) investigations into specific breaches.
- Push
for immediate implementation of stricter access controls.
2. Prevent Unsubstantiated Executive-Imposed Tariffs
Legislative Actions:
- Pass
bills revoking/restricting presidential tariff authority under Section 232
and Section 301 of trade laws.
- Amend
trade laws to require congressional approval for specific tariff actions.
- Restrict
funds for tariff implementation through appropriations bills.
Oversight & Judicial Engagement:
- Hold
hearings documenting economic/security impacts via Ways & Means and
Senate Finance Committees.
- File
amicus briefs supporting state/business litigation against harmful
tariffs.
- Encourage
state attorneys general (AGs) to challenge tariffs that disproportionately
impact state economies.
Key Legal Precedents:
- Massachusetts
v. EPA (2007) – State standing in federal cases.
- Wyoming
v. Oklahoma (1992) – Economic harm as grounds for legal action.
- Administrative
Procedure Act – Challenge inadequate cost-benefit analyses.
3. Restore Critical Public Communications from Federal
Agencies
Legislative & Oversight Actions:
- Mandate
public health and safety disclosures from the CDC, NTSB, FAA, NOAA, EPA,
and FDA, ensuring that such information is made publicly available to all
news outlets and not restricted to any single platform.
- Use
appropriations bills to condition funding on transparency.
- Request
GAO investigations into communication restrictions.
State-Level & Administrative Options:
- Ensure
State health departments can maintain independent reporting.
- Ensure
Federal employees can use whistleblower protections to report suppression.
- Invoke
Scientific Integrity Policies to protect public information access. These existing
policies ensure that government scientists can conduct and share research
free from political interference, safeguarding transparency in public
health, environmental data, and safety regulations. Key policies include
the White House OSTP Memorandum (2021), 42 CFR Part 93 (Public Health
Service Policies on Research Misconduct), EPA Order 3120.5 (EPA Scientific
Integrity Policy), NAO 202-735D (NOAA Scientific Integrity Policy), and
305 DM 3 (Department of the Interior Scientific Integrity Policy). These
policies ensure that government scientists can conduct and share research
free from political interference, safeguarding transparency in public
health, environmental data, and safety regulations.
4. Protect Civil Servants from Unlawful Termination
Congressional Oversight:
- Call
emergency hearings, subpoena agency heads.
- Demand
IG reviews of federal personnel actions.
Legislative Actions:
- Strengthen
whistleblower protections through new legislation.
- Add
job security provisions in appropriations bills.
- File
amicus briefs supporting civil servant lawsuits.
5. Limit the President’s Military Authority
Strengthen the War Powers Resolution of 1973:
- Require
automatic funding cutoffs for unauthorized military actions beyond 60
days.
- Define
"imminent threat" more explicitly to limit unilateral executive
decisions.
- Eliminate
loopholes allowing broad interpretations of military authority.
Restrict Military Appropriations:
- Prohibit
funding for military operations in specific regions unless approved by
Congress.
- Attach
"sunset clauses" to military force authorizations.
Judicial & Legislative Actions:
- Allow
members of Congress to sue the executive branch over unauthorized military
action. If successful the court can issue Injunctive relief ordering
cessation of military operations, issue an order freezing unauthorized
military expenditures, declare military action unconstitutional and compel
executive compliance with statutory requirements.
- Pass
laws requiring congressional pre-approval for deployments beyond a certain
threshold.
Conclusion: Upholding Congressional Authority
Congress holds the constitutional power of the purse
and the responsibility to check executive overreach. Failure to act now
will allow further erosion of legislative power, placing critical national
security, economic stability, and civil rights at risk. I urge you to take
immediate action using the legislative, oversight, and legal tools outlined
above to protect our democratic system.
Sincerely,
[Your Name]
[Your Contact Information]