Wednesday, January 30, 2008

Presidential signing statements are not U.S. Constitutional.

Well, even the ABA said so here and so do I... And my opinion counts more... Well, it doesn't, but it could... some day.

Aren’t these signing statements really equivalent to line-item vetoes? Yes. Parts of bills can just be ignored, since the President said so... I know it’s a cliché, but if it looks like a mule, it’s a mule.

There are many examples of George Bush’s signing statements. Some can be found here. Of course, he didn’t originate their use: they have been issued for some time.

Signing statements are just the typical desire to try to have it both ways: sign it but then refuse to execute it. Well, that never should have been tolerated in the first place. If the President doesn’t agree with some portion of a Bill, he/she “shall return it, with his Objections to that House in which it shall have originated”, as the U.S. Constitution states. Actually, that is specifically stated for Revenue Bills, but it seems to apply to all bills since, for the other bills, it states, “according to the Rules and Limitations prescribed in the Case of a Bill.” (That U.S. Constitution is just so difficult to understand.)

Note that the U.S. Constitution doesn’t say that the President should just sign it and attach a note stating which parts he/she won’t enforce. That would be too easy. Besides, wouldn’t we all like to do that with things with which we disagree?

But Professor John Harrison thinks otherwise. He said, “So if the president thinks a law is invalid, whether he just signed it or whether it’s from 30 years ago, he shouldn’t carry it out” and “Part of the executive function is to interpret the law”... Well, I say, “Nope! Nada! Not true!” The President is to execute the bills signed. If he/she wants interpretation or thinks that a bill is inconsistent with the U.S. Constitution, then he/she should submit it to the Supreme Court.

Mr. Harrison needs to stop being a cheerleader for this. If you don’t agree with him (or even if you do), tell him so by emailing jh8m@virginia.edu or phoning (434) 924-3093. (Well, it's all posted here. Someone must have wanted someone to contact him. It could be you.)

Well, great. Another problem solved. Next.

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