Tuesday, July 03, 2007

Bush's Signing Statements being probed by House

It's about time. It's time to change alot of things that the president can do without oversight. And I would go so far as to make it a federal offense if the president tries to over-ride these laws. And if the president, vice-president or any of his cabinet breaks or abuses the laws, they should be suspended pending investigation.

From Daily Kos:

by Kagro X
Mon Jul 02, 2007 at 04:36:55 PM PDT
The following is from a report written and released by the Judiciary Committee in 1974 in the aftermath of the Watergate crisis.

In the [Constitutional] convention George Mason argued that the President might use his pardoning power to "pardon crimes which were advised by himself" or, before indictment or conviction, "to stop inquiry and prevent detection." James Madison responded:

[I]f the President be connected, in any suspicious manner, with any person, and there be grounds [to] believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty...

Madison went on to [say] contrary to his position in the Philadelphia convention, that the President could be suspended when suspected, and his powers would devolve on the Vice President, who could likewise be suspended until impeached and convicted, if he were also suspected.


Here's the article from Boston.com about the signing statements:

House panel probing Bush's record on signing statements
By Charlie Savage, Globe Staff | February 1, 2007

WASHINGTON -- The new chairman of the House Judiciary Committee, John Conyers Jr. of Michigan, said yesterday that he is launching an aggressive investigation into whether the Bush administration has violated any of the laws it claimed a right to ignore in presidential "signing statements."

Bush has claimed that his executive powers allow him to bypass more than 1,100 laws enacted since he took office. But administration officials insist that Bush's signing statements merely question the laws' constitutionality, and do not necessarily mean that the president also authorized his subordinates to violate them.

Conyers said the president has no power " to ignore duly enacted laws he has negotiated with Congress and signed." And he vowed to find out whether the administration has followed each law it challenged -- including laws touching on classified national security matters, such as the tactics used to interrogate suspected terrorists and the FBI's use of the Patriot Act.

"This is a constitutional issue that no self-respecting federal legislature should tolerate," Conyers said, and he added that the committee was determined to "get to the bottom of this matter, and to be blunt, we are not going to take no for an answer."

The Michigan Democrat made his remarks at the committee's first oversight hearing since Democrats took control of Congress, which Conyers devoted to signing statements. He called the hearing a kickoff to his plans to use the coming session to probe the administration's "growing abuse of power."

Democrats on the Judiciary Committee are beefing up their staff by hiring a special "oversight and investigative unit" of about six attorneys to lead the panel's probes of the administration. The group is headed by Elliot Minc- berg , formerly the general counsel of the liberal activist group People for the American Way.

Republicans on the committee complained about the hearing, saying that the controversy over the Bush administration's signing statements is overblown.

But Democrats said they wanted to know whether Bush has followed through on his claims that the Constitution gives him the power to exempt executive branch officials from laws that Congress has passed to regulate the government, including affirmative action hiring requirements, a ban on all forms of torture, and oversight provisions in the Patriot Act.

And more from the Senate from Carpetbagger Report:

Specter is making a ’statement’

Sen. Arlen Specter (R-Pa.) has caved to White House demands on a wide variety of issues, but when it comes to presidential signing statements, the Pennsylvania senator has actually been pretty good. A year ago, he even tried to introduce legislation that would allow Congress to sue the president over his use of these legally dubious documents. He asked at the time, “What’s the point of having a statute if … the president can cherry-pick what he likes and what he doesn’t like? … If he doesn’t like the bill, let him veto it.”

Not surprisingly, Specter’s Republican colleagues quickly would put the kibosh on the proposal. John McCain helped kill the bill, arguing, “I think the president will enforce the law.” (Yes, McCain’s child-like naivete is rather amusing in retrospect.)

Specter, however, is quite right. We have a bizarre dynamic at play: Congress passes bills, Bush signs the bills into law, and then, in several instances, after the president issues signing statements, the Bush administration decides not to do when the law mandated. Bush has actually used signing statements to challenge more than 1,100 sections of legislation he’s signed into law — more than every other president in U.S. history combined

Thanks to a more reasonable Senate majority, Specter is giving his bill another shot.

Frustrated by the Bush administration’s continued use of presidential signing statements to challenge or ignore provisions of Congressionally approved legislation, Senate Judiciary ranking member Arlen Specter (R-Pa.) has reintroduced legislation to rein in President Bush’s ability to use the tactic.

Specter, who has long been a critic of Bush’s use of signing statements, quietly introduced his Presidential Signing Statements Act of 2007 on Friday.

“The president cannot use a signing statement to rewrite the words of a statute nor can he use a signing statement to selectively nullify those provisions he does not like,” Specter said in a floor statement.

Specter added, “If the president is permitted to rewrite the bills that Congress passes and cherry-pick which provisions he likes and does not like, he subverts the constitutional process designed by our framers.” (To which the White House apparently responded, “Duh.”)

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