Sunday, April 30, 2006

President Bush's Disregard for Laws

Ever wonder why President Bush has signed every single piece of legislation that comes to him, even if he disagrees with it? Apparently, he thinks he's free to ignore any law he wants.

This is what he does: First he signs a bill, then gathers the bill's sponsors and supporters for a photo-op, and then writes a signing statement about that bill giving special instructions on how the bureaucracy is to carry out he law. This way, if he disagrees with a particular bill, he can give instructions saying he doesn't have to follow it.

Legal scholars say the scope and aggression of Bush's assertions that he can bypass laws represent a concerted effort to expand his power at the expense of Congress, upsetting the balance between the branches of government. The Constitution is clear in assigning to Congress the power to write the laws and to the president a duty ''to take care that the laws be faithfully executed." Bush, however, has repeatedly declared that he does not need to ''execute" a law he believes is unconstitutional.

...

Far more than any predecessor, Bush has been aggressive about declaring his right to ignore vast swaths of laws -- many of which he says infringe on power he believes the Constitution assigns to him alone as the head of the executive branch or the commander in chief of the military.
This shows that our President has no respect for the other two branches of government.

Here are some examples of laws the President has signed and the signing statements he included with them:

Dec. 30, 2005: US interrogators cannot torture prisoners or otherwise subject them to cruel, inhuman, and degrading treatment.

Bush's signing statement: The president, as commander in chief, can waive the torture ban if he decides that harsh interrogation techniques will assist in preventing terrorist attacks.

Dec. 17: The new national intelligence director shall recruit and train women and minorities to be spies, analysts, and translators in order to ensure diversity in the intelligence community.

Bush's signing statement: The executive branch shall construe the law in a manner consistent with a constitutional clause guaranteeing ''equal protection" for all. (In 2003, the Bush administration argued against race-conscious affirmative-action programs in a Supreme Court case. The court rejected Bush's view.)
And my personal favorite:

Nov. 6, 2003: US officials in Iraq cannot prevent an inspector general for the Coalition Provisional Authority from carrying out any investigation. The inspector general must tell Congress if officials refuse to cooperate with his inquiries.

Bush's signing statement: The inspector general ''shall refrain" from investigating anything involving sensitive plans, intelligence, national security, or anything already being investigated by the Pentagon. The inspector cannot tell Congress anything if the president decides that disclosing the information would impair foreign relations, national security, or executive branch operations.
So President Bush believes he has the right to pretty much do anything he wants to. Doesn't that send a shiver down your spine?

Update: I was reading through some blogs on this topic and came across one the make some great points. This quote is from a blog called Unclaimed Territory.

It is not uncommon for a President to refrain from executing a law which he believes, and states, is unconstitutional. Other Presidents have invoked that doctrine, although Bush has done so far more aggressively and frequently. But what is uncommon - what is entirely unprecedented - is that the administration's theories of its own power arrogate unto itself not just the right to refrain from enforcing such laws, but to act in violation of those laws, to engage in the very conduct which those laws criminalize, and they do so secretly and deceitfully, after signing the law and pretending that they are engaged in the democratic process. That is why the President has never bothered to veto a law -- why bother to veto laws when you have the power to violate them at will?

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