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Constitution, Signing Statements, and SCOTUS


I started a new blog, called Article V (named for the portion of the US Constitution that concerns changing the “law of the land”). In my first analysis: Bush’s signing statements and the EPA decision. Some excerpts:

The Bush administration is wildly inconsistent in their determination of what it’s allowed to do. According to Mother Jones magazine, Presidential signing statements were used sparingly through history – 600 times. In the current Bush administration, it has been used 800 times. The American Bar Association opposes signing statements existing.

Including signing statements and other initiatives, the President has invoked his (office’s) authority to:

  1. Strip habeas corpus from human people. (The Republican Congress later made it legal)
  2. Interpret Sarbanes-Oxley’s whistleblower protection to mean whistleblowers are not protected (the last paragraph says that whistleblowers can only blow whistles in ongoing investigations, and to only the House or Senate member who chairs the committee investigating the law).
  3. Start an illegal war.
  4. Manage that illegal war without oversight.

But magic boy-wonder Roberts? His dissent is one of the most flippant and political I’ve seen. He depends partly on the fact that those that sued the EPA did not refer to a case that seemed to contradict them, in terms of whether states can bring the case to the Supreme Court

It disappoints me that this argument, the one on which he rests his entire position, is so weak that a pop-constitutionist can poke holes in it.

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Filed under: Culture, Philosophy, Politics

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Idealink by vijtable is licensed under a Creative Commons Attribution-Share Alike 3.0 United States License.
Based on a work by various sources, as cited.
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