ABA Faults Bush for Ignoring the law

One could also say the executive branch is a bunch of lawless fucks, right? Isn't one of the clauses recited during the inauguration something about 'upholding the laws of the land'? Does the Congress and the Supreme Court really care that they have been ruled unimportant?

Legal Group Faults Bush for Ignoring Parts of Bills

The American Bar Association said Sunday that President Bush was flouting the Constitution and undermining the rule of law by claiming the power to disregard selected provisions of bills that he signed.

In a comprehensive report, a bipartisan 11-member panel of the bar association said Mr. Bush had used such “signing statements” far more than his predecessors, raising constitutional objections to more than 800 provisions in more than 100 laws on the ground that they infringed on his prerogatives.

These broad assertions of presidential power amount to a “line-item veto” and improperly deprive Congress of the opportunity to override the veto, the panel said.

In signing a statutory ban on torture and other national security laws, Mr. Bush reserved the right to disregard them.

The bar association panel said the use of signing statements in this way was “contrary to the rule of law and our constitutional system of separation of powers.” From the dawn of the Republic, it said, presidents have generally understood that, in the words of George Washington, a president “must approve all the parts of a bill, or reject it in toto.”

If the president deems a bill unconstitutional, he can veto it, the panel said, but “signing statements should not be a substitute for a presidential veto.”

.. But the panel said that “Congress as an institution or its agents” should have standing to sue when the president announces he will not enforce parts of a law.

The issue has deep historical roots, the panel said, noting that Parliament had condemned King James II for nonenforcement of certain laws in the 17th century. The panel quoted the English Bill of Rights: “The pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of Parliament, is illegal.”

The panel was headed by Neal R. Sonnett, a criminal defense lawyer in Miami. Members include former Representative Mickey Edwards, Republican of Oklahoma; Bruce E. Fein, a Justice Department official in the Reagan administration; Harold Hongju Koh, the dean of Yale Law School; William S. Sessions, a former director of the Federal Bureau of Investigation; Kathleen M. Sullivan, a former dean of Stanford Law School; and Patricia M. Wald, former chief judge of a federal appeals court.

Whatever happened to the momentum for impeachment? Just once, I'd like to hear an elected official utter such words, and be taken seriously by the Republicrats and Democans.

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This page contains a single entry by Seth A. published on July 24, 2006 6:22 AM.

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