Interesting column by Martin Kettle…
On April 30 the Boston Globe journalist Charlie Savage wrote an article whose contents become more astonishing the more one reads them. Over the past five years, Savage reported, President George Bush has quietly claimed the authority to disobey more than 750 laws that have been enacted by the United States Congress since he took office. At the heart of Bush’s strategy is the claim that the president has the power to set aside any statute that conflicts with his own interpretation of the constitution.
Remarkably, this systematic reach for power has occurred not in secret but in public. Go to the White House website and the evidence is there in black and white. It takes the form of dozens of documents in which Bush asserts that his power as the nation’s commander in chief entitles him to overrule or ignore bills sent to him by Congress for his signature. Behind this claim is a doctrine of the “unitary executive”, which argues that the president’s oath of office endows him with an independent authority to decide what a law means.
Periodically, congressional leaders come down from Capitol Hill to applaud as the president, seated at his desk, signs a bill that becomes the law of the land. They are corny occasions. But they are a photo-op reminder that American law-making involves compromises that reflect a balance between the legislature and the presidency. The signing ceremony symbolises that the balance has been upheld and renewed.
After the legislators leave, however, Bush puts his signature to another document. Known as a signing statement, this document is a presidential pronouncement setting out the terms in which he intends to interpret the new law. These signing statements often conflict with the new statutes. In some cases they even contradict their clear meaning. Increasing numbers of scholars and critics now believe they amount to a systematic power grab within a system that rests on checks and balances of which generations of Americans have been rightly proud – and of which others are justly envious…