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Tuesday, July 25, 2006

 

The Imperial Presidency - (I Think) "I Am The State"


Signing Statements


Back in January 2006, esteemed journalist Helen Thomas compared the president with Louis XIV of France, credited for saying "L'etat, C'est Moi" (I am the State). The looming battle over signing statements used by the president to demonstrate defiance of legislations highlights his arrogance. Michael Abramowitz in the Post: "A panel of legal scholars and lawyers assembled by the American Bar Association is sharply criticizing the use of "signing statements" by President Bush that assert his right to ignore or not enforce laws passed by Congress.In a report to be issued today, the ABA task force said that Bush has lodged more challenges to provisions of laws than all previous presidents combined. "




The panel members described the development as a serious threat to the Constitution's system of checks and balances, and they urged Congress to pass legislation permitting court review of such statements.

"The president is indicating that he will not either enforce part or the entirety of congressional bills," said ABA president Michael S. Greco, a Massachusetts attorney. "We will be close to a constitutional crisis if this issue, the president's use of signing statements, is left unchecked."

Unconstitutional Loopholes




The Guardian: "The American Bar Association, an independent lawyers' organisation, issued a report on President Bush's prolific use of "signing statements" and found he was using them to create unconstitutional loopholes to laws passed by Congress.

The ABA found that the president used signing statements to make more than 800 challenges to congressional legislation, 200 more than all previous US presidents put together. Signing statements have been issued since the nation's founding but they have traditionally served a ceremonial function, extolling the virtues of the legislation just signed.

Forbes Magazine: "We will submit legislation to the United States Senate which will...authorize the Congress to undertake judicial review of those signing statements with the view to having the president's acts declared unconstitutional," Judiciary Committee Chairman Arlen Specter, R-Pa., said on the Senate floor.

It will be interesting to see how this vitally important issue plays out.
*****


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