Saturday, February 9, 2008

Signing Statements - Unconstitutional???

Bush Ignores Congress, Courts, and the Constitution!

Fact: On January 30, 2008, President Bush issued the latest of his now famous signing statements. This signing statement was attached to the military budget bill, which had four provisions Bush indicated that he will enforce only if he wants to. According to Bush, these provisions impinge on his constitutional powers.

The current provisions he signed statements against:

1. Authorizes a commission to investigate fraud and waste by military contractors in Iraq and Afghanistan, with the commission given the power to compel government officials to testify.

2. Provides protection from reprisal for those who expose such waste, fraud and abuse in military contracts.

3. Requires that intelligence officials provide requested military documents to Congress within 45 days or explain why they are being withheld.

4. Prevents money authorized by Congress for military purposes to be used to establish permanent military bases in Iraq.

Bush has issued these signing statements for over 750 laws, including affirmative action provisions, 'whistle-blower' protections, torture bans, requirements for detailed reports to Congress on the Patriot Act, and protections against political interference in federally funded research. His justifications have been either that the law is unconstitutional or it encroaches on presidential power.

Far more that any previous president, Bush is concentrating executive power at the expense of Congress and the Courts. What happened to the Founding Fathers' carefully crafted balance of power? Have the Framers' "checks and balances" simply been cancelled?

Doesn't U.S. Constitution, Article II, Section 3 - The President, "shall take care that the laws be faithfully executed," - mean anything anymore?

Doesn't
U.S Constitution, Article l, Section 8 - The Congress shall have the power, "to provide for the common defense and general welfare of the United States," "to declare war," "to make rules concerning captures on land and water," "to raise and support armies," "to make rules for the government and regulation of land and naval forces," "to provide for organizing, arming and disciplining the militia," - mean anything anymore?

Doesn't
Marbury v. Madison (1803), the Supreme Court's decision establishing the principal of judicial review (power to determine the constitutionality of a government action) for the Court, not the President, - mean anything anymore?

Check out the depth and breadth of Bush's actions. We owe it to "ourselves and our Posterity." Google "signing statements" and read about the decline of democracy as we have known it. The most thoroughly researched article was by Charlie Savage in the April 30, 2006, Boston Globe.

Through his myriad of signing statements, Bush has asserted all three governmental powers: to make, execute, and judge the laws. Is Bush the President who would be King? Is President Bush now, effectively, above the law? Are we headed for an imperial presidency? Will the next president willingly give back power to Congress and the Court - or continue the concentration of power?

The crisis here is not this specific signing statement or this particular president. Those of you who think this post is anti-Bush, consider how you'd react if this concentration of power is in the hands of - say President Hillary Clinton? The crisis is the future of our Constitution and the Rule of Law! Will anyone - Congress or Court or Citizens - check or roll-back this imbalance of power?

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