I should mouth off; but I won't because the two of you are exactly on the right track - and I'm enjoying the discussion without having to think - or to defend my positions.

Only one disagreement (non-legal) with Ken:

... over 30 years of gross stupidity by Congress ...
I would modify that to "over 30 years of gross venality by Congress." This mess has everything to do with $$ and "gratuities" to Congresspeople (ain't PC wonderful).