Pharon
07-02-2009, 01:31 PM
Stax and I had a great debate on this topic in the old forum -- unfortunately, it appears linking to it is not a possibility at the moment...
At any rate, I thought the question seemed appropriate now, considering that Obama has completely flip-flopped from his previous position on the subject:
"It is a clear abuse of power to use such [Presidential signing] statements as a license to evade laws that the president does not like or as an end-run around provisions designed to foster accountability.
I will not use signing statements to nullify or undermine congressional instructions as enacted into law."
- Senator Barack Obama, December 20, 2007 (Boston Globe)
In just over 5 months in office, Obama has issued seven signing statements (http://www.coherentbabble.com/listBHOall.htm) to date.
Shocked? Surprised?
So what do you think? Is it even legal?
I don't think so. Here's my reasoning:
1. The President is granted specific, limited, and enumerated powers by the Constitution.
2. Regarding his role in making laws, Article I §7 (http://www.usconstitution.net/const.html#A1Sec7) states only that he may do one of two things:
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.
3. Therefore, a signing statement is, at best -- irrelevant, and at worst -- unconstitutional.
Thoughts?
At any rate, I thought the question seemed appropriate now, considering that Obama has completely flip-flopped from his previous position on the subject:
"It is a clear abuse of power to use such [Presidential signing] statements as a license to evade laws that the president does not like or as an end-run around provisions designed to foster accountability.
I will not use signing statements to nullify or undermine congressional instructions as enacted into law."
- Senator Barack Obama, December 20, 2007 (Boston Globe)
In just over 5 months in office, Obama has issued seven signing statements (http://www.coherentbabble.com/listBHOall.htm) to date.
Shocked? Surprised?
So what do you think? Is it even legal?
I don't think so. Here's my reasoning:
1. The President is granted specific, limited, and enumerated powers by the Constitution.
2. Regarding his role in making laws, Article I §7 (http://www.usconstitution.net/const.html#A1Sec7) states only that he may do one of two things:
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.
3. Therefore, a signing statement is, at best -- irrelevant, and at worst -- unconstitutional.
Thoughts?