Questioning King George
Dan Froomkin’s got a great list of questions for the President about his unprecedented use of signing statements.(via Atrios)
Q. What exactly do White House lawyers mean by “unitary executive”?Q. What does it mean when the president says things like “the executive branch shall construe section so-and-so in a manner consistent with the constitutional authority of the President”? Should that be construed as notice that he plans to ignore it? Likewise when he says a provision will be construed in a manner “consistent with my constitutional authority in the area of foreign affairs” or “consistent with my constitutional duty as Commander in Chief of the Armed Forces”?
. . .
Q. Why is it wrong for the judiciary to redefine the law but right for the President? Or: why is “activist judge” bad but “signing statement” good? Or: how is it a problem if the judicial branch takes power from the legislative, but not a problem if the executive branch takes power from the legislative? (Jonathan Krueger, Pleasanton, Calif.)Q. Are there any statutes currently on the books whose express provisions the Administration is violating, or declining to enforce, in reliance on “signing statements” or the “inherent powers” of the presidency, whether as commander in chief or otherwise? If so, do the American people have a right to know what are they? Does Congress? Will you provide us a list? (Vince Canzoneri, Boston)
Q. Why make a big show of trying to get lawmakers to reach compromises with the White House on legislation (see John McCain’s anti-torture legislation) if he’s then going to append a signing statement proclaiming that there’s no need for him to observe the very law he just signed? Why bother going through the motions at all? (Lou Morin, Freeport, Maine)
He’s got some questions for the President’s well-trained accomplices in the Senate as well,
Q. Are committee staff in a position to actually monitor these statements and track what is and isn’t happening as a result of these statements?Q. For members whose bills have passed both Houses, been signed by the president, then been qualified with a signing statement: As part of your oversight plan, have you identified any mechanism for following up on presidential declarations about your statutes? How can you be sure your statutes are being followed?
These questions won’t get close to being answered unless the President and his Administration are at the very least put under oath in a public hearing and that’s unlikely to happen without a subpoena or some other legal means to compel testimony. With a GOP Senate (especially two-faced leaders like Specter and Roberts), the only real hope is for a change in leadership. Let’s keep our fingers crossed too, because if George Bush finishes his presidency without getting smacked down for his egregious abuses of power, our country is gonna get stuck with a precedent that could permanently destroy the already strained separation of powers.
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