Professor: Bush's signing statements a grave threat to the Constitution...

[marmar]

Signing Statements and the President's Authority to Refuse to Enforce the LawAuthors:
Neil Kinkopf Document Date:
Thu, 06/15/2006 - 5:00pm Description:
President Bush has used presidential signing statements to state his intent to refuse to enforce provisions of laws passed by Congress over 750 times, more often than all of his predecessors' combined. In this ACS issue brief, entitled "Signing Statements and the President’s Authority to Refuse to Enforce the Law," Professor Neil Kinkopf of Georgia State University College of Law discusses whether and when the President may refuse to enforce a law that the President regards as unconstitutional. Professor Kinkopf suggests that, among other things, such refusal stands in deep tension with the Constitution, and can actually prevent the resolution of questions about the constitutionality of a statute. He also notes that it challenges the power of the other two branches: both Congress, which enacted the measures; and the Courts, charged ultimately with determining their constitutionality. He shows that the assertion of this power has become such common practice in the current Administration that many of the objections are simply boilerplate. Finally, Professor Kinkopf concludes that, "f the President may dispense with application of laws by concocting a constitutional objection, we will quickly cease to live under the rule of law."

http://www.acslaw.org/node/2965

[napi21]

1. Professor Turley has said similar things many times on TV.

I know he's been on Olberman's show several times talking about the signing statements, and there's a panel that was put together byt the ABA to perform a study on the signing statements, and they are to release their results sometime this summer!

[marmar]

2. "they are to release their results sometime this summer!"

Cool. I think this issue is even bigger than the wiretaps or bank records searches, but it doesn't get nearly enough attention. He's saying "I'll flout every law that's written if I want to. I'm the emporer, I'm the king."

[napi21]

4. Yes, they're supposed to issue their report in August..

http://jurist.law.pitt.edu/paperchase/2006/06/aba-to-investigate-bush-signing.php

The ABA has assembled a bipartisan task force of legal professionals and scholars, including former federal judges and Justice Department officials, to research whether Bush, who has appended more signing statements to bills than any other US president, has exceeded his constitutional authority and circumvented the system of checks and balances with the signing statements. The committee is expected to report its findings to the ABA's House of Delegates, which will decide whether to adopt the recommendations, in August.

[KoKo]

5. Want to bet that their RW Lawyers come up with Group Think from the

Think Tanks refuting everything the ABA recommends, though. And, the Cable Media and the WaPo/NYT's will report "both sides" with more weight to the strict Constitutionalists.

And, then where do we go from there? :shrug:

[napi21]

7. I dunno. Turley is sure NO liberal, but he's slammed this admin

consistently for it's abuse and inattention to the Constitution! He's a law Professor, at Georgetown I think. He's recently spoken on the spying programs, the signing statements, and the attempt of total secrecy by this admin, and on each issue, he has been extremely critical of this admin's law breaking!

I think you might be pleasantly surprised at the results of this investigation by the ABA panel.

[marmar]

8. Yeah, I'm not sure what to think of Turley....

but I think Bush's flagrant abuse of power has raised his ire.

[no_hypocrisy]

3. Writ of Mandamus

"Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.<2> It cannot be issued to compel an authority to do something against statutory provision."

* * * * *

"The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:

It must be a duty of public nature
The duty must be imperative and should not be discretionary."


http://en.wikipedia.org/wiki/Mandamus

[OneBlueSky]

6. and what about Executive Orders? . . .

there are on file Executive Orders -- signed by Bush and previous presidents -- that allow the president to assume control of virtually all aspects of American life in the event of a "national emergency" . . . as defined by the president, of course . . .

here are just a few Executive Orders that, with just the stroke of a pen, would suspend the Constitution and the Bill of Rights and grant totalitarian powers to the president . . .

EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.

EXECUTIVE ORDER 10995 allows the government to seize and control the communication media. Additionally, the USA Patriot Act contains a Sedition Clause which prohibits anti-government speech while the nation is at war. This clause is not enforced at this time, at least publically.

EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.

EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.

EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.

EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.

EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.

EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.

EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

http://www.linkydinky.com/ExecutiveOrders.shtml

[marmar]

9. The illusion of democracy...

Perhaps that's all that America ever has been.

[AirAmFan]

10. Apparently, just like the Mad Hatter, Bush believes that a word means

whatever he means it to mean. We've fallen through the Looking Glass into Planet Bush, and I want OUT of this tea party.

[Homer Wells]

11. K&R n/t