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President claims supreme power over laws, military -- 750 'signing statement'


From: David Farber <dave () farber net>
Date: Wed, 10 May 2006 15:04:22 -0400



Begin forwarded message:

From: Shannon McElyea <shannonm () gmail com>
Date: May 10, 2006 2:42:26 PM EDT
To: dave () farber net
Subject: President claims supreme power over laws, military -- 750 'signing statement'

 Dave,

I think this is for IP. This matter is worse than the title of this article implies. bye bye checks and balances. "...Bush has been quietly filing ''signing statements" -- "...official documents in which a president lays out his legal interpretation of a bill for the federal bureaucracy to follow when implementing the new law. The statements are recorded in the federal register ..."

Unlike a veto, they are not reviewed by congress.

"...Among the laws Bush said he can ignore are military rules and regulations, affirmative-action provisions, requirements that Congress be told about immigration services problems, ''whistle- blower" protections for nuclear regulatory officials, and safeguards against political interference in federally funded research. ..."

http://www.boston.com/news/nation/articles/2006/04/30/ bush_challenges_hundreds_of_laws/
Bush challenges hundreds of lawsPresident cites powers of his office
By Charlie Savage, Globe Staff  |  April 30, 2006

WASHINGTON -- President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution.

Among the laws Bush said he can ignore are military rules and regulations, affirmative-action provisions, requirements that Congress be told about immigration services problems, ''whistle- blower" protections for nuclear regulatory officials, and safeguards against political interference in federally funded research.

"... Far more than any predecessor, Bush has been aggressive about declaring his right to ignore vast swaths of laws -- many of which he says infringe on power he believes the Constitution assigns to him alone as the head of the executive branch or the commander in chief of the military. ..."

"...Bush was following a practice that has ''been used for several administrations" and that ''the president will faithfully execute the law in a manner that is consistent with the Constitution."

But the words ''in a manner that is consistent with the Constitution" are the catch, legal scholars say, because Bush is according himself the ultimate interpretation of the Constitution. And he is quietly exercising that authority to a degree that is unprecedented in US history.

Bush is the first president in modern history who has never vetoed a bill, giving Congress no chance to override his judgments. Instead, he has signed every bill that reached his desk, often inviting the legislation's sponsors to signing ceremonies at which he lavishes praise upon their work.

Then, after the media and the lawmakers have left the White House, Bush quietly files ''signing statements" -- official documents in which a president lays out his legal interpretation of a bill for the federal bureaucracy to follow when implementing the new law. The statements are recorded in the federal register. ..."


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