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Bushs Signing Statement Dictatorship
by
James Bovard,
October 9, 2006
President Bush has once again decreed that his personal pen is the highest law of the land. In a statement issued on October 4, 2006, he announced that he would ignore many provisions of the Homeland Security appropriations act he signed earlier in the day. His action vivifies that the rule of law now means little more than the enforcement of the secret thoughts of the commander in chief.
Bushs postsigning statement declared that he would interpret many sections of the new law in a manner consistent with the presidents constitutional authority to supervise the unitary executive branch. In plain English, this means that many of the limits that Congress imposed on Bushs power and that he accepted when he took the money Congress appropriated are null and void. Why?
Because the president says so.
The new law declared that only the Homeland Security Departments privacy officer could alter or delay the departments mandatory report on how its actions and policies affected Americans privacy. Congress included this safeguard because of the Bush administrations long record of intruding into Americans lives from the Total Information Awareness system, to vacuuming up information on airline passengers, to stockpiling phone records of millions of citizens.
After he signed the bill, Bush announced that he is effectively entitled to edit the report as he pleases.
But his right to edit means that he is entitled to delete information and thereby prevent Congress from learning of how the feds continue to shred privacy.
Bush pulled the same trick in March after he inked a
renewal of the USA PATRIOT Act, announcing that he would
scorn notifying Congress on how the feds are using
PATRIOT Act powers. Bush declared that he would interpret
the law in a manner consistent with the
presidents constitutional authority to ... withhold
information. Bush is apparently convinced that he
is entitled to govern in secrecy, and any provision of a
law to the contrary violates his imperial prerogatives.
George W. Bush has added more than 800 signing
statements to new laws since he took office.
Earlier presidents occasionally appended such comments to
new statutes, but Bush is the first to use signing
statements routinely to nullify key provisions of new
laws.
The unitary executive doctrine assumes that
all power rests in the president and that checks and
balances are an archaic relic. This is the same
principle the Bush administration invoked to
deny Congress everything from Iraqi war plans to the
records of the Cheney Energy Task Force. Bush has invoked
the unitary executive doctrine almost 100
times since taking office, according to Miami University
professor Christopher Kelley.
The American Bar Association recently declared that
Bushs signing statements are contrary to the
rule of law and our constitutional separation of
powers. The Congressional Research Service reported
last month that Bush is using such statements as part of
his comprehensive strategy to ... expand executive
power.
Apparently, the government is no longer obliged to obey
any law that Bush does not personally approve. At a June
congressional hearing, Sen. Ted Kennedy (D-Mass.) asked
Justice Department lawyer Michelle Boardman for a list of
all the laws that Bush has declared will no longer be
enforced. Boardman replied, I cannot give you that
list.
How can we know which laws Bush approves of? Its a
secret. Bushs personal thoughts thus become the
ultimate law of the land. No one can know whether the
government is violating the law because Bush
has not publicly declared what the law is.
Americans may have to wait many years to learn what the
rule of law meant in 2006. The truth may be suppressed
until Bushs aides begin publishing their memoirs or
until the Supreme Court has a change of mood and decides
that the executive branch is not entitled to boundless
secrecy.
So what is the meaning of limited government
in the Bush era? Merely that the courts and Congress must
be prohibited from limiting the presidents power.
Bushs signing statements are building blocks for
dictatorship. The longer he builds, the darker America
becomes.
James Bovard is the author of Attention Deficit Democracy [2006] as well as The Bush Betrayal [2004], Lost Rights [1994] and Terrorism and Tyranny: Trampling Freedom, Justice and Peace to Rid the World of Evil (Palgrave-Macmillan, September 2003) and serves as a policy advisor for The Future of Freedom Foundation. Send him email.
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