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Posts on “Signing Statements: July 2006” in July 2006

The Daily Muck

DNC Chief Stops in Florida to Revive Ailing Harris Campaign
DNC chairman Howard Dean gave a fiery speech in Florida yesterday, with at least one zinger aimed at Rep. Katherine Harris that's sure to rile up her weary supporters in the GOP base. "This is not Russia and she is not Stalin," Dean told a crowd of Democratic supporters Wednesday, comparing "Pink Sugar" herself to the infamous autocratic Soviet leader who was responsible for the deaths of millions.

That line gave the Harris campaign what's sure to have been a refreshing change of pace -- a chance to comment on how crazy someone else is. "The people of Florida know that Congresswoman Harris will stand for what is right and not respond in kind to such scurrilous attacks," Jennifer Marks told reporters, responding to Dean's scurrilous attack.

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Specter Releases Sue-the-Prez Draft Bill

Sen. Arlen Specter (R-PA) released a final draft of his anti-signing-statement bill this afternoon -- yes, the one that other GOP senators are already saying they won't support.

Full text after the jump. Legal eagles, what do you think?

Update: We've uploaded the bill as a pdf here.

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On Key Constitutional Issue, A "Maverick" Rides with the Herd

In response to questions from Congressional Quarterly about whether he would support Sen. Arlen Specter's (R-PA) bill to counter the President's use of "signing statements," McCain said this:

“I think the president will enforce the law."

That sounds pretty faint -- but if you consider the context, it just sounds lame.

The point of the signing statement, of which Bush has made unprecedented use, is for the President to declare that he will not enforce part or all of a law.

McCain knows this -- Bush used the gambit to gut the Vietnam War veteran's own torture ban legislation. As one law professor described Bush's move to the Boston Globe:

"[Bush's] signing statement is saying 'I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it's important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me.... 'They don't want to come out and say it directly because it doesn't sound very nice, but it's unmistakable to anyone who has been following what's going on."

McCain -- himself a former torture victim -- worked hard to assemble veto-proof majorities in both houses of Congress to pass a torture ban only to see the president undermine it in an instant.

So how can he say he doesn't think the President's abuse of signing statements is a problem?

CQ: Specter's "Sue the Prez" Bill is D.O.A.

Think Congress should sue the president? Yeah, maybe not this time, finds CQ today. Senate GOPers are putting the kibosh on Judiciary Committee Chairman Arlen Specter's bill to allow Congress to do just that, in an effort to curb the White House's practice of using "signing statements" to dodge laws it doesn't like. (courtesy Raw Story.)

The Daily Muck

Specter Prepping Bill to Sue Bush
""We will submit legislation to the United States Senate which will...authorize the Congress to undertake judicial review of those signing statements with the view to having the president's acts declared unconstitutional," Judiciary Committee Chairman Arlen Specter, R-Pa., said on the Senate floor. Specter's announcement came the same day that an American Bar Association task force concluded that by attaching conditions to legislation, the president has sidestepped his constitutional duty to either sign a bill, veto it, or take no action." (AP)

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The Daily Muck

ABA Faults Bush for Ignoring Parts of Bills
"The American Bar Association said Sunday that President Bush was flouting the Constitution and undermining the rule of law by claiming the power to disregard selected provisions of bills that he signed. In a comprehensive report, a bipartisan 11-member panel of the bar association said Mr. Bush had used such “signing statements” far more than his predecessors, raising constitutional objections to more than 800 provisions in more than 100 laws on the ground that they infringed on his prerogatives [Apparently, this is a higher tally than all previous presidents combined.]. These broad assertions of presidential power amount to a “line-item veto” and improperly deprive Congress of the opportunity to override the veto, the panel said." (NYT)

More, from The Washington Post's write-up:

If the president has constitutional problems with a bill, the task force said, he should convey those concerns to Congress before it reaches his desk. The panel said signing statements should not be a substitute for vetoing bills the president considers unconstitutional.

"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 or a subordinate tribunal," panel members wrote. "The Constitution is not what the President says it is."

The ABA recommends that Congress pass legislation permitting court review of the statements.

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