Posted on 06/03/2014 7:27:09 AM PDT by afraidfortherepublic
Back when Barack Obama was a presidential candidate who boasted his background as a professor of constitutional law, he frequently criticized President George W. Bush for what Obama said was a “clear abuse” of executive power.
As president, Obama is being accused of doing the same, albeit not as frequently.
The issue at hand is his use of “signing statements,” official pronouncements in which a president offers his interpretation of legislation that he is signing — and in the modern era, sometimes announces that he feels free to disregard it.
While Obama has not issued as many signing statements as Bush did, many say he employs them in much the same manner.
“The difference is really with volume, not in kind,” said Kevin Evans, a Florida International University professor who has researched the practice of presidential signing statements. “Senator Obama had a very different view than President Obama.”
The latest — and potentially hottest — flash point involves Obama’s decision over the weekend to trade the release of Army Sgt. Bowe Bergdahl, the sole remaining U.S. military prisoner of war, for that of five Taliban commanders who were being held at the detention center at Guantanamo Bay, Cuba.
Current law, signed by Obama in December, stipulates that the defense secretary must notify relevant congressional committees at least 30 days before transferring anyone from Guantanamo Bay and provide assurances that those released would not be in a position to again threaten the United States or its interests.
(Excerpt) Read more at washingtonpost.com ...
I posted on this yesterday and am NOT defending ODimwit.
Every single President does this. Until that is admitted, and is the focus, we will never get a SCOTUS ruling on this and we SO need one. I think all signing statements are unconstitutional but my opinion doesn’t ultimately matter.
Under Bush there was screaming that Congress needed to hold hearings on signing statements.
I would love to see this litigated as the answer is not clear.
“As president, Obama is being accused of doing the same, albeit not as frequently”
Ahhh yes the qualifier...then again at last count wasn’t it 50+ times with ACA alone? This newspaper can’t bring itself off its knees fast enough from the royal zipper can it?
“Getting to the bottom of this” is moving in the wrong direction.”
Finding “Where the Buck stops” is moving in the correct direction.
BTW, “this will happen again,” so punish by Impeachment, and/or Military Courts Martial.
His promises are on the same level as the old “I promise not to xxxx xx xxxx mouth”.
Der Fuehrer will do what he wants and you will all happily serve the Reich by heiling him.
That fly knows a steaming pile of shit when it sees one.
Presidential Signing Statements are approaching a constitutional crisis, because they are used to take both legislative and judicial power by the president.
As part of the return of the office of the presidency to constitutionality, the end of the PSS is perhaps number one on the list. Other items:
No more ‘Czars’.
Recess appointments only during real recesses, and only for the duration of the recess.
No more land grabbing Presidential Proclamations, with the return of most of the lands snatched.
Very strict criteria must be met for Executive Privilege.
Contempt of Congress should mean jail, immediately.
The War Powers Act and Posse Comitatus Act must be restored to full force, and though the president can ignore them, any subordinate who violates them under presidential order should be liable for unpardonable criminal prosecution.
And there are many more abuses of power that must be discontinued.
bkmk
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