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Can someone tell me where in the law presidential signing statements

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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 02:59 PM
Original message
Can someone tell me where in the law presidential signing statements
are allowed to overrule congress, and is essence thwart laws congress has passed?
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:00 PM
Response to Original message
1. Let's check the Constitution!
Nope! Nothing there!
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Nickster Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:01 PM
Response to Original message
2. Hmmm, sorry nothing comes to mind. He wouldn't be making it up would he? n/t
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TechBear_Seattle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:02 PM
Response to Original message
3. Nowhere
When Bush ignores the laws he himself has signed, and laws signed by his predecessors, he is in gross violation of his oath of office and, very likely, is engaging in treason.
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MrCoffee Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:02 PM
Response to Original message
4. that would be a big negatory, good buddy. 10-4, over and out.
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ramapo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:04 PM
Response to Reply #4
6. Isn't there a court case pending?
I think I remember hearing that the Democrats were persuing some type of action on Bush's use of signing statements.
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Avalux Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:04 PM
Response to Original message
5. Doesn't matter - whose going to stop him?
No one has held Bush accountable for the myriad of laws he's broken, so he keeps doing what he wants. Hopefully the new Congress will start acting as Congress should and stop him. The old Congress didn't do shit.
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Jim__ Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:06 PM
Response to Original message
7. John Dean argues why signing statements are not legal
Edited on Thu Dec-21-06 03:15 PM by Jim__
here.

I think this is the gist of his argument:

Bush is using signing statements like line item vetoes. Yet the Supreme Court has held the line item vetoes are unconstitutional. In 1988, in Clinton v. New York, the High Court said a president had to veto an entire law: Even Congress, with its Line Item Veto Act, could not permit him to veto provisions he might not like.

The Court held the Line Item Veto Act unconstitutional in that it violated the Constitution's Presentment Clause. That Clause says that after a bill has passed both Houses, but before it becomes a Law, it must be presented to the President, who shall sign it if he approves it, but return it - that is, veto the bill, in its entirety-- if he does not.

Following the Court's logic, and the spirit of the Presentment Clause, a president who finds part of a bill unconstitutional, ought to veto the entire bill -- not sign it with reservations in a way that attempts to effectively veto part (and only part) of the bill. Yet that is exactly what Bush is doing. The Presentment Clause makes clear that the veto power is to be used with respect to a bill in its entirety, not in part.

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Retrograde Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:15 PM
Response to Reply #7
11. But how else can he have things both ways?
If the bill is popular he can say he signed it. If it's not popular he can say he didn't really mean it. Win-win as far as Shrub's concerned. Not flip-floppy at all.
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Double T Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:10 PM
Response to Original message
8. Once the Democrats take over, let's see how far bush gets with his........
ridiculous signing statements. I am certain more legal challenges will come from the Democrats.
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Journeyman Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:11 PM
Response to Original message
9. Unless Congress or the Court does something about it. . .
he can do anything he wants. Absent those two bodies, we have only the military on which to pin our hopes (a Damoclean sword best averted at all costs).
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wryter2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:11 PM
Response to Original message
10. If I understand correctly
Signing statements have been used rarely in the past in an effort to clarify the bill, not to negate it.
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nealmhughes Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:22 PM
Response to Original message
12. Your "Law" is "nothing but a scrap of paper" used to keep us from our
job of saving America. :sarcasm:

There is no such thing as a "signing statement" in the Constitution, either a signed bill, a vetoed bill or a pocket veto. That is it.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:23 PM
Response to Original message
13. They're completely illegal
but the good puppy Congress wasn't about to challenge the little emperor.

Until somebody brings a case before the USSC and the right wing (in)justices get an attack of conscience, they will stand.

It's just another hideous abuse of power by a tinpot dictator who wasn't elected but who thinks he owns the country.
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:25 PM
Response to Original message
14. Signing statements aren't binding, they are just fluff. He can't use them to circumvent a law.
Edited on Thu Dec-21-06 03:25 PM by rpgamerd00d
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Marie26 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 03:49 PM
Response to Original message
15. Nowhere
It's the golden rule - he who has the gold, makes the rules.
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-21-06 04:24 PM
Response to Original message
16. Oh, it's there in the law, all right:
in a Bush presidential signing statement. ;-)
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