James Madison, “The Federalist Papers.”
“(The King) has refused his Assent to Laws, the most wholesome and necessary for the public good.”
The Declaration of Independence
“You don’t have a constitution; you have a king.”
Grover Norquist on the concept of “unitary executive.”
Let’s begin with a little Civics 101. Under the Constitution, the Congress is allowed to write the laws and after such a bill passes both houses, the President has only two options - to sign the bill into law or veto it. Bush, in his eight execrable years, vetoed only one bill - the stem cell research bill. However, he attached “signing statemnts” to a total of 1,132 laws that had been passed by Congress. Some of these laws included:
Forbidding the use in military intelligence of evidence collected by illegal wiretaps that violate the Fourth Amendment,
Require military prison guards to be retrained regarding treatment of POWs under the Geneva Conventions,
Mandate background checks for all civilian contractors in Iraq,
Direct Homeland Security to tell Congress when it is unable to deploy explosive detection systems in airports,
Prohibit the firing or punishment of employee whistle-blowers in the Dept. of Energy and the Nuclear Regulatory Commission,
and so on and so on…..
In November of 2003, Congress passed a law requiring the Inspector General in Iraq inform Congress whenever officials refuse to cooperate with its investigations. Bush usied his signing statement to nullify such a requirement for the IG. Further more, in his signing statement Bush wrote that this Special IG “shall refrain” from investigating intelligence or national security matters or any crime the Pentagon wants to investigate. Signing statments issued by Bush circumvented Congress from enforcing limits on how many days a member of the armed forces may be deployed, with the result that some troops are currently on their fifth tour. I leave it to your imagination what shape these men and women will be in when they are finally brought home.
Further signing statements that allowed Bush to screw the troops included one that demands the Defense Secretary report to Congress whether or not the prohibition against requiring wounded troops to pay for their own hospital meals is being enforce. He also used his SS to abrogate the Defense Secretary’s responsibility to investigate and study the effects of PTSD and brain injury. I could go on, but I think you get the picture.
And this, from a draft dodger…
The power of Bush’s signing statements derives from a statutory provision regarding the “unitary executive.” This is an ultra-right wing interpretation of the President’s actual Constitutional powers as interpreted by the Federalist Society. Essentially, because the President is head of the Executive Branch of government, they believe that this means that all federal agencies including those created by Congress are subject to the whim of the President, including disbanding them. This, naturally, would include the FCC, the Federal Food and Drug Administration, the Federal Reserve Board, etc, all subject to being disolved by fiat at the word of the President.
It goes without saying that this policy was developed by the Bush administration itself, with much help from Cheney who has always been of the opinion that the President should have ALL authority. On September 25th, 2001, former Deputy Asst. Atorney General John Yoo wrote:
“The centralization of authority in the president alone is particularly crucial in matters of national defense, war, and foreign policy where a unitary executive can evaluate threats, consider policy choice and mobilize national resources with a speed and energy that is far superior to any other branch.” We all know, of course, how well Bush did evaluating the threat of terrorist attack on the US that the outgoing Clinton administration was warning him about at every turn, or the stellar swift response to Katrina or the mobilization of national forces and resources to attack a nation that had nothing to do with 9-11.
Bush, however, loved his new toy. He used the phrase “unitary executive” in signing statements 145 times by December 22nd of 2006. Yoo had also advised Bush that because he was commander-in-chief, he could make war anytime he perceived a threat and wouldn’t have to comply with the Geneva Conventions. President Lincoln didn’t think much of this concept. To wit:
“Allow the President to invade an neighbouring nation whenever he shall deem it necessary to repel an invasion…and you allow him to make war at pleasure…The Founding Fathers resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us.”
But, of course, Bush is on record as apparently believing the Constitution as being “just a goddamn piece of paper.”
Justice Louis Brandeis had a few thoughts on the matter himself. “The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude the exercise of arbitrary power….. to save the people from autocracy.”
Basically, by the end of his first term, Chimpy McChickenhawk had issued more signing statements than all previous presidents combined.
And let’s not make any mistake about it; a signing statement is nothing less than the president declaring that he intends to ignore the law as made by Congress. If you can reconcile that with any concept of democracy known throughout history, then the line-up for the spiked Kool-aid starts on my right. I think the most telling signing statement came in December of 2005 when he signed the Detainee Treatment Act which forbade the US from using torture or exercising cruel and inhumane treatment of prisoners. This was ridden onto the appropriations bill for the Iraq and Afgan wars as an amendment. Bush’s attached signing statement contained the following:
that his administration would “interpret” the new law “in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on judicial power.” So there! F–K you, I will follow the law when it suits me and when it doesn’t, I’ll make it up myself.
Now if you think its just me and a handful of lefties bitching about signing statements, think again. The American Bar Association issued the following statement: that Bush had used signing statements as “contrary to the rule of law and our constitutional system of separation of powers,” and had also used them to “claim the authority or state of intention to disregard or decline to enforce (the laws.)”
For all intents and purposes, the last eight years of Bush and Dick have been a concerted attempt to render the constitutional powers of the president as defined in Article I, section 8, clause 18 as null and void, and to concentrate as much power in the hands of one man as possible, including the power to make war. By doing so, it has corrupted the legislative process, and seriously crippled a cowed and submissive Congress from exercising their own Constitutionally mandate authority and rendered the phrase of a government “of the people, by the people” a cruel joke.
If you don’t understand how close, from 2000 to 2008 the United States came to becoming an ultra-right wing Republican dictatorship, then, quite frankly, you’re a dupe and a fool. If you are willing to pretend the last eight years didn’t happen and just let the Bush-Cheney junta walk, then words fail me.