In seclusion earlier this month, Pres. Bush executed yet another extralegal, unconstitutional "signing statement," immediately following his public, ceremonial, fake signing of Congress's renewal of the USA PATRIOT Act. The statement disapproved the Act as Congress passed it, but the President did not return the legislation to Congress, as required by Article I of the Constitution. Article I, section 7, provides:
If [the President] approve [a bill] 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 ... 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.
Sen. Patrick Leahy, standing almost alone among a Congress of jellyfish, issued a statement denouncing the latest usurpation. Leahy comments on the irony that Bush has not exercised his constitutional veto in five years of rule. But why should the President bother to veto, if the law is whatever pleases him? And how can the People override the President, if he will not return legislation with his objections, as required by Article I, section 7? The answer to the latter question is found in Article II, section 4: "Impeachment"
[Update: The Boston Globe (which alone of the major papers seems to be interested) reports today (March 28) that Reps. Harman and Conyers have joined Sen. Leahy is calling upon the President to obey the law. A spokesman for Attorney General Gonzales replies--falsely--that such "signing vetos" are commonplace.]
[Update: Walter Dellinger (Law, Duke) wrote a memorandum for Pres. Clinton that is pertinent here, and in many ways supportive of the general propriety of Pres. Bush's practice. What was unusual then has, however, become the usual. Moreover, the provisions of the USA Patriot Act that the President intends to ignore are ones that enable Congress to oversee that Act's execution: it is not easy to understand how Congressional oversight encroaches upon the Chief Executive's proper powers.]
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