THE STROKE OF A PEN ELIMINATES 200 YEARS OF FREEDOM
By Arthur M Sachs
President Bush has quietly claimed the authority to disobey more than 800 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.
Some laws President Bush said he can ignore are military rules, affirmative-action provisions, requirements that Congress know about immigration services problems, ''whistle-blower" protections for nuclear regulatory officials, and safeguards against political interference in federally funded research, as well as altering base laws for FISA, torture, withholding information, suspend Habeas Corpus, regulate Science and by omissions rewrite history.
Former administration officials contend that just because Bush reserves the right to disobey a law does not mean he is not enforcing it: In many cases, he is simply asserting his belief that a certain requirement encroaches on Presidential power.
In July 2006, a task force of the American Bar Association found such Signing Statements as "contrary to the Rule of Law and our Constitutional System of separation of powers.” When the President signs a Bill into law and says he is not going to enforce parts of that Bill that he deems unconstitutional, it is in effect an absolute veto, because the Congress has no power to override him. This is considered a “Line Item Veto” and was ruled unconstitutional by the Supreme Court. Bush is using signing statements like Line Item Vetoes.
A Signing Statement is a written comment issued by the President at the time of signing legislation. Often Signing Statements merely comment on the Bills signed saying that it is good or meets some pressing needs. In George Bush’s case, the vast majority of Signing Statements is of the Constitutional type that refers to the Presidential interpretation of the Constitution.
Many instances the President compromises with Congress on a Bill. They meet for a public bill-signing ceremony. Afterwards he has been known to take back those compromises through non-funding of the Bill or using Signing Statements without knowledge of Congress, Press, or the Public rather than veto the Bill.
The Constitution grants Congress the power to create armies, declare war, make rules for captured enemies, and to make rules for the government and regulation of the land and naval forces. But President Bush says he can ignore any act of Congress that seeks to regulate the military citing his role as Commander in Chief. A President who ignores the Court backed by a Congress that is unwilling to challenge him can make the Constitution simply ''disappear."
Presidents Reagan, George H.W. Bush, and Clinton used the Presidential Veto instead of the Signing Statement if they had a serious problem with a Bill, giving Congress a chance to override their decisions. President George W. Bush has quietly been using these Signing Statements to bolster presidential powers. It is a calculated, systematic scheme that has gone largely unnoticed.
The President's Signing Statements are, in some instances, effectively rewriting the laws by reinterpreting how the law will be implemented. Bush's use of Signing Statements thus potentially brings him into conflict with his own Justice Department. The Justice Department is responsible for defending the constitutionality of laws enacted by Congress.
It is remarkable that Bush believes he can ignore a law, and protect himself, through a Signing Statement. By his abuse of Signing Statements, President Bush is bypassing the laws of the Land, the Constitution, and the will of the people. He thus has transferred his interpretations of laws to those who are questioned by Congressional Committees such as Condoleezza Rice, Roberto Gonzalez, and Vice President Chaney. Nowhere in the Constitution does it state the President can avoid laws of the land, and therefore ASSUME dictatorial powers upon the people.
