{"id":7794,"date":"2006-06-28T09:41:07","date_gmt":"2006-06-28T13:41:07","guid":{"rendered":"http:\/\/www.thecarpetbaggerreport.com\/?p=7794"},"modified":"2006-06-28T09:41:07","modified_gmt":"2006-06-28T13:41:07","slug":"making-a-statement-prompting-a-lawsuit","status":"publish","type":"post","link":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/making-a-statement-prompting-a-lawsuit\/","title":{"rendered":"Making a &#8216;statement&#8217; &#8212; prompting a lawsuit?"},"content":{"rendered":"<p>Just to follow up on yesterday&#8217;s <a href=\"http:\/\/www.thecarpetbaggerreport.com\/archives\/7791.html\">item<\/a> about Arlen Specter&#8217;s hearings on Bush&#8217;s penchant for [tag]signing statements[\/tag], the discussion in the Judiciary Committee turned out to be unusually compelling.<\/p>\n<p>At one point, [tag]Bruce Fein[\/tag], an associate deputy attorney general during the Reagan administration, addressed Congress&#8217; options in restricting a president&#8217;s ability to announce which parts of laws he&#8217;s going to ignore, and <a href=\"http:\/\/www.rollcall.com\/issues\/51_145\/news\/14057-1.html\">suggested<\/a> that the Senate consider legislation that would allow lawmakers to sue Bush. Specter not only described the proposal as &#8220;a very interesting idea,&#8221; he also asked Fein to help draft a bill.<\/p>\n<p>Apparently, at least for now, Specter is <a href=\"http:\/\/www.boston.com\/news\/nation\/washington\/articles\/2006\/06\/28\/senator_considers_suit_over_bush_law_challenge\/\">serious about this<\/a>.<\/p>\n<blockquote><p>The Senate Judiciary Committee chairman, [tag]Arlen Specter[\/tag], said yesterday that he is &#8220;seriously considering&#8221; 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.<\/p>\n<p>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 .<\/p>\n<p>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&#8217;s objections are valid under the Constitution.<\/p>\n<p>There is a sense that the president has taken the signing statements far beyond the customary purviews,&#8221; Specter said at the hearing. He added that there&#8217;s a real issue here as to whether the president may, in effect, cherry-pick the provisions he likes, excluding the provisions he doesn&#8217;t like. . . . The president has the option under the Constitution to veto or not.&#8221;<\/p><\/blockquote>\n<p>Experts in constitutional law seemed divided on whether this approach would pass constitutional muster &#8212; asking the federal courts to settle a dispute between Congress and the [tag]president[\/tag] is inherently tricky &#8212; but I&#8217;d like to see the Senate pursue this as an option.<\/p>\n<p>I still believe Specter is likely to back down from his concerns because, well, he&#8217;s Arlen Specter, but in the meantime, it&#8217;s encouraging to see the Senate at least raise serious questions about the president&#8217;s fairly blatant [tag]abuse of power[\/tag].<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Just to follow up on yesterday&#8217;s item about Arlen Specter&#8217;s hearings on Bush&#8217;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&#8217; options in restricting a president&#8217;s ability to announce which parts [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[617],"tags":[],"class_list":["post-7794","post","type-post","status-publish","format-standard","hentry","category-general"],"_links":{"self":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/7794","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/comments?post=7794"}],"version-history":[{"count":0,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/7794\/revisions"}],"wp:attachment":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/media?parent=7794"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/categories?post=7794"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/tags?post=7794"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}