Reply #34: Civil debate? In the DU? Someone's sure to alert this, but I thank you [View All]

[MrCoffee]

Signing statements - As far as I know, Bush is the first president to use signing statements to undermine a law duly passed by Congress and signed by the president on the grounds that the law violates the Constitution. According to the American Bar Association, "a President's issuance of a signing statement to claim the authority or state the intention to disregard or decline to enforce all or part of a law he has signed, or to interpret such a law in a manner inconsistent with the clear intent of Congress" is unconsititutional. Other presidents have issued signing statements, but no other president has issued a signing statement like Bush's.

Pelosi's oath of office - "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God." Article I, Section 2, Clause 5 of the Consitution states "The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment." For the Speaker of the House to declare that a power of Congress expressly granted to the House is "off the table" is a failure to discharge the duties of the office and a violation of her oath.

High crimes and misdemeanors - I tend to agree with Doug Feith on this (which kills me to do), but he said something to the effect that high crimes and misdemeanors are whatever the House thinks the Senate can prove. Presidental usurpation of Congressional power (i.e. signing statments that clearly negate a duly passed law) is a high crime against the Constitution itself.

It's not up to the Courts to try the President, it's up to the Senate. The Constitution gives the Senate the sole power to try all impeachments.