Signing Statements and Tyranny

George W. Bush's presidency is unique in many ways, and one of the most interesting has been his absolute refusal to utilize the presidential veto since he first came into office in 2000. While most politically savvy Americans are well aware of the president's record (or lack thereof) regarding vetoes, few are familiar with his unique use of "Signing Statements" -- presidential proclamations made upon signing bills into law. These signing statements have long been used by presidents to express rhetorical or political opinions on laws, however President Bush has used these statements in a manner similar to a line-item veto, claiming the right to selectively enforce laws he does not agree with.

For example, when Bush recently signed into law a bill outlawing torture, he included a signing statement (story here) which said: ''The executive branch shall construe [the law] in a manner consistent with the constitutional authority of the President . . . as Commander in Chief." This has been widely interpreted as a claim that the president can instruct the executive branch not to enforce certain provisions of laws if he disagrees with them. This practice is extremely controversial and legally dubious, as it circumvents Congress's right to pass laws over a veto. Legal experts have also strongly questioned whether the practice is a violation of the constitutional provision (Article II, Section 3) that the executive must "take care that the laws be faithfully executed."

Most disturbing is that president Bush has utilized these signing statements to an unprecedented extent -- in less than 6 years in office, Bush has "objected to more than 500 provisions in more than 100 pieces of legislation," compared to 575 signing statements issued by all previous presidents combined (story here). This extreme use of a practice of dubious legality in order to strengthen executive authority at the expense of Congress is, unfortunately, just another method in Bush's myriad assertions of virtually unlimited presidential power. The President has already claimed the right to act outside of any legal boundaries with the previously revealed NSA eavesdropping and phone record collection programs, as well as his practice of detaining individuals indefinitely without recourse to courts and without charging them with a crime -- as in the case of Jose Padilla -- in violation of virtually every constitutional limitation on government. This egregious misuse of signing statements as a presidential right to cast aside the will of Congress constitutes possibly an even more flagrant violation of presidential duty than we have seen yet from Bush's administration.

It has become apparent over the past 6 years that the President has absolutely no respect for the constitutionally assured liberties of the American people, and that he respects no limitations on his endless claims to power. President Bush has repeatedly revealed his willingness to cast aside the rule of law, and has violated his oath of office again and again through shameless violation of countless constitutional provisions and laws. If the people and the Congress of America will not act upon even these massive violations, there is no limit in sight to the growth of despotism to come in the future. With his every action, the President has shown his contempt for liberty. Are the American people strong enough to finally stand up for freedom and show their contempt for tyranny?