Tuesday, July 25, 2006

Now, I don't know what any of that means, but it sounds bad

So please, don't tell me what I know, or don't know; I know the law! - Lt. Daniel Kaffee, A Few Good Men

WASHINGTON (AP) -- President Bush's penchant for writing exceptions to laws he has just signed violates the Constitution, an American Bar Association task force says in a report highly critical of the practice.

WASHINGTON -- The Senate Judiciary Committee chairman, Arlen Specter, said yesterday that he is ``seriously considering" filing legislation to give Congress legal standing to sue President Bush over his use of signing statements to reserve the right to bypass laws.

5 comments:

Anonymous said...

Once again, that goddamned Constitution is wrecking our country! :^(

(Insert picture of Homer banging his head on something)

Peter said...

Nice of Arlen to wake up, where has he been the first half of this decade?

I don't hold out much hope for any such legislation. "Standing" is a tricky issue. Federal courts can only hear "cases and controversies" brought by actual parties in interest. While they are trampling on the constitution, I just don't see Congress having a legally cognizable interest here.

drmagoo said...

I don't see this going anywhere, but is there any authority that has the right to supersede the signing statements? Congress can't make it a law, because the president would just add a signing statement saying that he didn't give a damn It's not something an individual citizen can sue about, is it? Is there a way to get to the courts?

Peter said...

You would need to find a plaintiff who had actually been injured by the application of the law as applied pursuant to a signing statement rather than the way it was written. Still, though, the (Republican-dominated)courts even then could craft a limited remedy applicable to those specific facts rather than addressing signing statements as a whole.

Anonymous said...

Couldn't the Congress sue the president for breech of contract? He swore under oath to the Congress that he would uphold the Constitution. He's violated that oath which is also grounds for impeachment. The Constitution outlines explicit seperations of the three branches. Violation of Constitutional rights of representation is also a crime.

Good thing Judge Alito is there to hear the case. He helped push Reagan into issue the first "signing statement" when he was whitehouse counsel.