Posted on 05/27/2011 8:44:38 AM PDT by Notwithstanding
Prior to 0bama's act yesterday, no US president has used an autopen to sign legislation into law (there is no evidence of this prior to yesterday - likely because noone but a president with no proof he is Constitutionally qualified would be so cavalier about signing a bill into law).
You would think a real journalist would investigate and highlight this fact as incredibly problematic (especially a journalist who formerly hated the Patriot Act when it was Bush's legislation).
All TSA-type actions (that are lawful only by virtue of the Patriot Act) performed in the period between the old law's expiration date and the date he actually signs this extension in person are null and void.
We will all be quite surprised if a marxist or islamist does not use this fact to claim that his rights were violated during that period.
Some smart patriot who refuses a body scan and is groped before 0bama makes it back to correct his gross error by signing this in person should sue.
Otherwise our Constitution is weakened once again by 0bama's disregard for it.
This might bear some checking. If a president doesn’t actually sign a bill, does it become law, in circumstances such as these?
I was curious about this last night and I found an interesting article by NPR complaining that President Bush used an autopen for autographed photos. So they make a big deal about autographs but they ignore using it for legislation.
WND will be all over this...
Technically yes. Per the Constitution, if a passed bill is not signed or vetoed by the President within 10 days, it automatically becomes law. (Article 1, Section 7)
No - I have already considered that.
This was last-minute legislation for a law that expired at midnight on the day it was passed by Congress and subsequently autopenned.
Failure of the president to sign would be a pocket veto, and it would go back to Congress for an override (and regardless, a pocket veto requires a waiting period of over a week).
No matter what else has happened or will happen, unless and until 0bama signs this in person (before the pocket veto time elapses), any actions that would only be lawful because of the Patriot Act are actually unlawful.
The autopen was in response to having someone actually fly the document to Paris for the presidential signature.
Since it’s only 2008 there’s plenty of time for him to sign the document when he arrives back in the US
SCOTUS always has and always will, side with Obama.
Essentially, Obama and the Dems have successfully suspended the rule of law. And every (almost) court in the county is supporting them in doing so.
Welcome to the (I’ll do whatever the hell I want) USSA.
I did a quick check and from what I read the constitutionality of doing this was settled in 2005 during the Bush administration by the Office of Legal Council. They ruled the following:
We examine the legal understanding of the word 'sign' at the time the Constitution was drafted and ratified and during the early years of the Republic. We find that, pursuant to this understanding, a person may sign a document by directing that his signature be affixed to it by another. … Reading the constitutional text in light of this established legal understanding, we conclude that the President need not personally perform the physical act of affixing his signature to a bill to sign it within the meaning of Article I, Section 7 [of the Constitution.]
I am not saying you are definitely wrong and this legal council opinion is right, but don't you think it would be better not to declare something unconstitutional in your subject line when you really have no clue if that is true or not - and may very well be entirely wrong?
NO!
The legislation is considered as vetoed if the time period you mention lapses without signature. Then it can be overridden with a new passage by supermajorities in both houses.
I have practiced Constitutional law.
I know this is unconstitutional.
That is why this is unprecedented.
This is a huge deal.
I am certain that someone who is groped or searched during the gap period will file suit.
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. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
So the only exception that would make it a pocket veto is if Congress adjourns. Congress is still in session so it would be made law if not signed.
Once again an illegal president shredding what is left of the Constitution. “ Dictators don’t need no stinkin’ Constitution!” This is done deliberately by a man who was touted as a ‘Constitutional Scholar’.
So are you saying the constitutional lawyers in Bush's Office of Legal Council did not know the constitution? They disagree with you.
Wonder what the year is??
They gave a self-serving opinion that covered any potential use by Bush of the autopen (if paralyzed or in a bunker, perhaps).
Also: Congress has adjourned, so the pocket veto is in play. But even if it isn’t, the bill would not become law until the 10 day period expires, so that 10 day period is when the unlawful acts would occur.
ML/NJ
While the Senate is technically still not recessed so as to prevent 0bama from making recess appointments. But the House is in recess as of sometime today. Thus presidential inaction for the 10 day period would actually void the bill and it would have to be passed as a brand new bill.
But as I said, many TSA actions are unlawful unless and until he signs it in person before the 10 day period expires.
The point is that the Constitution cannot be ignored.
The other point is that the press is not even curious about this.
It would be interesting to research whether any journalists reacted negatively when Bush’s lawyers issued the self-serving legal opinion on auto-penning legislation. I am glad Bush never actually used that method.
This is leading to something my friends.....Why does he want to be able to sign legislation from another country? I don’t trust this rat bastard at all.
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