Making a ‘statement’ — prompting a lawsuit?

Just to follow up on yesterday’s item about Arlen Specter’s hearings on Bush’s penchant for [tag]signing statements[/tag], the discussion in the Judiciary Committee turned out to be unusually compelling.

At one point, [tag]Bruce Fein[/tag], an associate deputy attorney general during the Reagan administration, addressed Congress’ options in restricting a president’s ability to announce which parts of laws he’s going to ignore, and suggested that the Senate consider legislation that would allow lawmakers to sue Bush. Specter not only described the proposal as “a very interesting idea,” he also asked Fein to help draft a bill.

Apparently, at least for now, Specter is serious about this.

The Senate Judiciary Committee chairman, [tag]Arlen Specter[/tag], said yesterday that he is “seriously considering” filing legislation to give Congress legal standing to [tag]sue[/tag] President [tag]Bush[/tag] over his use of signing statements to reserve the right to bypass laws.

Specter, a Pennsylvania Republican, made his comments after a Judiciary Committee hearing on signing statements, which are official documents that Bush has used to challenge the constitutionality of more than 750 laws when signing legislation .

Bush has issued more signing statements than all previous presidents combined. But he has never vetoed a bill, depriving Congress of any chance to override his judgment. If Congress had the power to sue Bush, Specter said, the Supreme Court could determine whether the president’s objections are valid under the Constitution.

There is a sense that the president has taken the signing statements far beyond the customary purviews,” Specter said at the hearing. He added that there’s a real issue here as to whether the president may, in effect, cherry-pick the provisions he likes, excluding the provisions he doesn’t like. . . . The president has the option under the Constitution to veto or not.”

Experts in constitutional law seemed divided on whether this approach would pass constitutional muster — asking the federal courts to settle a dispute between Congress and the [tag]president[/tag] is inherently tricky — but I’d like to see the Senate pursue this as an option.

I still believe Specter is likely to back down from his concerns because, well, he’s Arlen Specter, but in the meantime, it’s encouraging to see the Senate at least raise serious questions about the president’s fairly blatant [tag]abuse of power[/tag].

Specter is in charge so I’m not holding my breath but if this tack were to actually pass (and hold up in the Bush packed courts) maybe Congress will start taking its judicial oversight (advise and consent) duties more seriously. Will we add “What is your legal opinion of the Congressional right to sue the President over signing statements” to the stock confirmation hearing questions?

  • Lawsuits.

    As opposed to maybe not funding the Executive office that writes up these damn things and explaining that in fact, Boy George II is supposed to do what the law says.

  • The republicants must have really bought into Rove’s BS that they are, or soon will be, a permanent majority. Why else would they allow such precedents to be established? Maybe Spector understands that this isn’t so much about party. We’ll see but I’m doubtful.

  • So, the Republican congress is supposed to sue their Republican president. Not likely, any more than they would take him to task for lying us into a war. And, if Dems are ever in control during Dear Leader’s tenure, they better hurry before he appoints any more judges.

  • MNProgressive (#1) – great question! My response as a federal judicial nominee:

    “I cannot comment on any pending issues or issues that might appear before the Court. Next.”

  • Did anyone hear John Cornyn on NPR this morning defending the president and his signing statements? He said something like, these statements are useful tools for the president. Right. I thought that was the legislative branch’s job. Also, why is the president pushing for line item veto? Those signing statements are a perfect substitute for that as well.

    Egads…

  • Lawsuit ensues, goes all the way to the SC, SC votes along partisan lines to say that not only does Bush have the Constitutional authority to ignore laws he signed, but that the “extraordinary” circumstances facing our country today gives him the authority to rule by the Divine Right of Kings.

    Specter, his job done, looks at the camera and says “Hey, I tried”.

  • Resorting to a lawsuit to force a president to obey the law and the requirements of his oath of office is disgraceful. The Constitution provides a remedy: impeachment.

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