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

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Atkinson, Robert" <rca53 () columbia edu>
Date: May 10, 2006 4:05:30 PM EDT
To: dave () farber net
Subject: RE: [IP] President claims supreme power over laws, military  
-- 750 'signing statement'

Checks and balances are alive and well. The Supreme Court--not the
President and not Congress--decides what is or is not Constitutional.
The case books are full of Court decisions which find that Congress has
adopted un-Constitutional laws and the case books are equally full of
Court decisions finding that the Executive Branch has taken
administrative actions that are also found to be un-Constitutional.

Bob

-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Wednesday, May 10, 2006 3:04 PM
To: ip () v2 listbox com
Subject: [IP] President claims supreme power over laws, military -- 750
'signing statement'



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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