The WSJ’s Peggy Noonan lays out the known facts of the IRS case and concludes that it requires a special prosecutor. She’s right, and frankly, it’s amazing how in a week, the American media has pretty much come around from the question of if a special prosecutor is needed for the IRS investigation, to how broad should be the limits of the special prosecutor’s investigation?
But here’s where Noonan gets it wrong. Right in the last paragraph:
“Again, if what happened at the IRS is not stopped now—if the internal corruption within it is not broken—it will never stop, and never be broken. The American people will never again be able to have the slightest confidence in the revenue-gathering arm of their government. And that, actually, would be tragic.”
Actually it wouldn’t be “tragic” if the American people were not to have confidence in this or any arm of their government. It would be exactly what the Founders called for.
My favorite quotation from the entire 85 editions of the Federalist Papers is this one from Federalist 25 by Alexander Hamilton:
“The people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.”
In fact, you could almost sum up the gist of the entire Constitution with that single statement, as the Constitution attempted to set up a system where no branch of government was in sole possession of the means of injuring our rights. How far we have strayed, however, when the wing of the government that determines how much of our labors are to be taken into the Federal trough also inquires about our associations, our religious practices, and soon, our medical care.
Peggy, you are right to call for a special investigator. But you are wrong to assert that it is a tragedy if, as a result of this scandal, we no longer have confidence in the IRS. The real tragedies would occur as a result of believing that any branch of government was deserving of our unsuspicious confidence.