American Bar Assosciation taskforce decries Bush's law interpretations

[Ron Burgundy]

Group decries Bush's law interpretations (AP)

AP - President Bush's penchant for writing exceptions to laws he has just signed violates the Constitution, an American Bar Association task force says in a report highly critical of the practice.

WASHINGTON -
President Bush's penchant for writing exceptions to laws he has just signed violates the Constitution, an American Bar Association task force says in a report highly critical of the practice.
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The ABA group, which includes a one-time
FBI director and former federal appeals court judge, said the president has overstepped his authority in attaching challenges to hundreds of new laws.

The attachments, known as bill-signing statements, say Bush reserves a right to revise, interpret or disregard measures on national security and constitutional grounds.

"This report raises serious concerns crucial to the survival of our democracy," said the ABA's president, Michael Greco. "If left unchecked, the president's practice does grave harm to the separation of powers doctrine, and the system of checks and balances that have sustained our democracy for more than two centuries."

Some congressional leaders had questioned the practice. The task force's recommendations, being released Monday in Washington, will be presented to the 410,000-member group next month at its annual meeting in Hawaii.

ABA policymakers will decide whether to denounce the statements and encourage a legal fight over them.

The task force said the statements suggest the president will decline to enforce some laws. Bush has had more than 800 signing statement challenges, compared with about 600 signing statements combined for all other presidents, the group said.

Noel J. Francisco, a former Bush administration attorney who practices law in Washington, said the president is doing nothing unusual or inappropriate.

"Presidents have always issued signing statements," he said. "This administration believes that it should make clear ... when the Congress is getting close to the lines that our Constitution draws."

Francisco said the administration's input is part of the give and take between the branches of government. "I think it's good that the debate is taking place at a public level," he added.

White House Press Secretary Tony Snow said last month that "it's important for the president at least to express reservations about the constitutionality of certain provisions."

The ABA report said President Reagan was the first to use the statements as a strategic weapon, and that it was encouraged by then-administration lawyer
Samuel Alito — now the newest Supreme Court justice.

The task force included former prosecutor Neal Sonnett of Miami; former FBI Director William Sessions; Patricia Wald, former chief judge of the U.S. Court of Appeals for the District of Columbia Circuit; former Republican Rep. Mickey Edwards; and former Reagan administration lawyer Bruce Fein; and law school professors and other lawyers.

[TekDragon]

Good thing the ACLU is protecting those anti-gay extremists protesting at funerals or this group would be next on the chopping block, right Motivez?

[motivez]

This should be on the chopping block anyway.. signing statements are bullshit and clearly go against the Constitution and "congressional intent"

The President is supposed to execute the laws that Congress passes or veto them. He's not allowed to pick and choose which of those laws he likes, or which parts of those laws he likes..

Essentially what he's done here is give himself a line item veto, which I think is a bad idea.. and was a bad idea for Clinton, and will be a bad idea for the next President

[Donkey®]

Originally Posted by TekDragon

Good thing the ACLU is protecting those anti-gay extremists protesting at funerals or this group would be next on the chopping block, right Motivez?

One is explicitly allowed in by the Constitution....the other isn't. Pretty simple.

[Diesel66]

Originally Posted by motivez

The President is supposed to execute the laws that Congress passes or veto them. He's not allowed to pick and choose which of those laws he likes, or which parts of those laws he likes..

They do that all the time, fine the law is on the books but I am not going to put anyone to enforce it.

[kinggovernor]

challenge it in court

[kinggovernor]

oh wait William Sessions was part of this, they must have had a hard time recruiting people for this

[tbone]

About damn time someone said something about the signing statements. I know it's been fodder on certain other forums for a while, I'm surprised it took so long to have a group like the Bar Association take a look at it. I was also a bit shocked about how many signing statements Bush has made, more than all other Presidents combined!!!

Lawyers pull Bush up for bypassing laws
WASHINGTON — US President George Bush should stop issuing statements claiming the power to bypass parts of laws he had signed, a practice that violated the constitution, an American Bar Association task force says in a report released yesterday.

The 10-member body, which includes a former Federal Bureau of Investigation (FBI) director and former federal appeals court judge, said in the report that the president had overstepped his authority in attaching challenges to hundreds of new laws.

The attachments, known as bill-signing statements, enable Bush to reserve a right to revise, interpret or disregard measures on national security and constitutional grounds.

Bush had used these measures to challenge more than 750 laws that had been enacted since he took office, more than all previous presidents combined, the US Boston Globe reported.

“The president’s constitutional duty is to enforce laws he has signed into being, unless and until they are held unconstitutional by the supreme court,” the American Bar Association report said. “The constitution is not what the president says it is.”

The association’s president, Boston lawyer Michael Greco, said: “This report raises serious concerns crucial to the survival of our democracy.

“If left unchecked, the president’s practice does grave harm to the (doctrine of the) separation of powers and the system of checks and balances that have sustained our democracy for more than two centuries.”

The bar association said the report was not meant to attack Bush, but to redress some of the questionable processes of executive power. Congressional leaders had questioned the practice.

http://www.businessday.co.za/article...?ID=BD4A239645

[TekDragon]

He ran with that shit while he had it. I wonder what took the Bar so long?

[willis]

It'll be interesting to see what the group says as a whole.

I think it's a good step though, i hadn't been aware of signing statements, but the amount used by this administration seems absurd compared to all previous ones.

and it seems like something that could be abused even more by future administrations if it's not stopped now

[thomez]

you mean to tell me that this administration doesn't respect the law or the other two branches of govt?

ya know I once heard the dell dude landed on the moon and grew pot...

[SoFlaJDM]

Originally Posted by thomez

you mean to tell me that this administration doesn't respect the law or the other two branches of govt?

ya know I once heard the dell dude landed on the moon and grew pot...

i lent my crystal ball to a conservative... he keeps telling me how things would have been worse with kerry... i wish i had it now though to see how bad things are gonna get for the admin

[kinggovernor]

lol@William Sessions

[Stylerod]

Originally Posted by willis

It'll be interesting to see what the group says as a whole.

I think it's a good step though, i hadn't been aware of signing statements, but the amount used by this administration seems absurd compared to all previous ones.

and it seems like something that could be abused even more by future administrations if it's not stopped now

Sweet Jesus that AV is horrifying!

[willis]

Originally Posted by Stylerod

Sweet Jesus that AV is horrifying!

..

what, i thought we were doing self portraits..

i'm not hot jailbait??