NEW YORK - Last March, the U.S. Congress passed legislation requiring Justice Department officials to give them reports by certain dates on how the Federal Bureau of Investigation (FBI) is using the USA Patriot Act to search homes and secretly seize papers.
But when President George W. Bush signed the measure into law, he added a "signing statement". The statement said the president can order Justice Department officials to withhold any information from Congress if he decides it could impair national security or executive branch operations.
Late last year, Congress approved legislation declaring that U.S. interrogators cannot torture prisoners or otherwise subject them to cruel, inhuman, and degrading treatment.
But President Bush's signing statement said the president, as commander in chief, can waive the torture ban if he decides that harsh interrogation techniques will assist in preventing terrorist attacks.
These are but two examples of more than 100 signing statements containing over 500 constitutional challenges President Bush has added to new laws passed by the Congress -- many times more than any of his predecessors.
While he has never vetoed a law, many constitutional scholars say the president is, in effect, exercising a "line item veto" by giving himself authority to waive parts of laws he doesn't like.
The practice has infuriated members of Congress in both parties because it threatens to diminish their power. They consider it an assault on the notion that the constitution establishes the United States' three branches of government -- legislative, judicial, and executive -- as co-equal.
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A member of Bush's own party, Senator Arlen Specter of Pennsylvania, chairman of the Senate Judiciary Committee, opened hearings on the subject this week. He said, "The real issue here is whether the president can cherry-pick what he likes."
And the senior Democrat on the committee, Senator Patrick Leahy of Vermont, said, "The president hasn't vetoed any bills, but basically he has done a personal veto. He has said which laws he will not follow and... put himself above the law, even the same law he has signed."
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Another opposition view came from Prof. Edward Herman of the University of Pennsylvania, who told IPS, "The brazenness of Bush's use of this practice is remarkable. But even more remarkable is the fact that this de facto further nullification of congressional authority fails to elicit sustained criticism and outrage. It is part of a step-by-step abrogation of constitutional government, and it is swallowed by the flag-wavers and normalised."
"We are in deep trouble," he added.
We are in deep trouble, indeed. Can you say dictatorship? I knew you could. Yup, that's where we're headed unless a stop is put to this.
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