Bar None
New York Sun Editorial
July 26, 2006
The program for next month's annual meeting of the American Bar Association runs to 235 pages, so you'd think they'd have something better to do with their time than natter on about presidential signing statements. Yet they are preparing to do just that, with the release of a report laying the groundwork for delegates to condemn the practice when they convene in Honolulu. It's too bad they're obsessing over an entirely constitutional and increasingly important legal device.
The ABA is joining the caterwauling over President Bush's use of signing statements, documents sometimes issued when a president signs a bill into law. Such a statement can offer a substantive statement of the president's interpretation of a vague or questionable provision in a bill. President George W. Bush has used them to sidestep congressional attempts to make executive branch officials report to lawmakers on implementation of various parts of the Patriot Act, limit use of physically coercive interrogation, and protect supposed whistleblowers in the Department of Energy. Since his first inauguration, Mr. Bush has used statements to challenge 800 distinct provisions in laws he's signed, an unprecedentedly large number.
The president's critics on Capitol Hill, at the bar association, and in the left-wing press see an abuse of power.
Mr. Bush, in our view, is just taking a long overdue step to rein in abuses of congressional power. As icing on the cake, Mr. Bush is also reclaiming from the courts some of the power to interpret the Constitution, a task too important to be entrusted to only one branch.<snip>
Use of the statements has been increasing ever since the 1980s. President Reagan issued 71 constitutional challenges in his eight years, President George H.W. Bush issued 146 in his four years, and President Clinton issued 105 in his two terms. If President Bush is using the statements even more, that's because a lot has changed since those administrations. Congress has followed a long-term trend of interpreting its own authority ever more expansively, while the war on terror has pushed the country into uncharted constitutional waters where it isn't always clear to some, especially on the Hill, where legislative power ends and executive authority begins.
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http://www.nysun.com/article/36719In-fucking-credible.