https://nypost.com/2019/10/16/pelosis-impeachment-drive-is-all-politics-no-law/
President Trump won’t budge: He refuses to comply with demands for information because the House has not formally voted to conduct an impeachment inquiry.
House Democrats won’t budge: Speaker Nancy Pelosi says nothing requires the House to vote for an impeachment inquiry before conducting one.
So who is right? They both are.
We are an over-lawyered society that likes to see itself as governed by the rule of law. In truth, our fundamental law, the Constitution, is about the division of political authority — particularly between the Congress and the executive, the federal government’s political branches.
The ultimate check on presidential power is impeachment. Article I vests the sole power over impeachment in the House of Representatives. (The Senate is assigned the sole power to conduct impeachment trials and decide whether the president should be removed from office.)
Often overlooked, though, is a critical constitutional check on Congress: It is powerless to enforce its own laws and demands for information. Only the president can execute. Congress needs the executive branch’s cooperation.
When presidents believe congressional actions are unconstitutional, they often refuse to cooperate. Congress may threaten contempt and impeachment, but it cannot make the president comply. Our brows furrow as we try to sort out the legal ramifications of all this. But in the main, the fallout is not a legal dispute; it is a political contest.
The Constitution is designed to promote both cooperation and competition between the political branches. Often, the judiciary stays out of these duels, prudently reasoning that the Framers endowed the executive and the legislature with powerful tools to confront each other.