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Rico's Revenge
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I wanna be a cowboy Joined: 21 January 2003 Location: United States Status: Offline Points: 3569 |
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Posted: 25 July 2006 at 5:53pm |
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I agree that you disagree!! This is an issue that has been in practice for how many years? And suddenly now there is a reason to champion the cause for separation of powers? Signing statements are not a part of the law... they are reservations to be able to review the sub-effects of the law. As was mentioned in the article, most of Bush's statements are in regard to National Security or a suspected "unconstitutional" portion or result of the Law. I think you would have to agree that with the influx of terrorism in latter years that many new Laws enacted may have hidden issues that are detrimental to National Security. Many Laws are being pushed through quickly as "Band-Aids" and they may be found to be Unconstitutional after the fact. When these difficulties surface then there is record of the President's concerns and the Law can be reviewed for correction or replacement. At no point is the law rejected or authorization given for the law to be ignored carte blanche by the President. Again, these are just what amount to side notes or a Presidential "CYA" if you will. These are not Legislative additions, exceptions nor detractions. The Law is enacted in full as supplied by both Congressional bodies until such time as review is necessary. I will say, that with all the "big" things to argue about... it is refreshing to debate over something relatively small! |
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Clark Kent
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Posted: 25 July 2006 at 6:03pm |
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This practice certainly has been in effect for decades. But as you point out, it is not random that the issue has come to a head at this point. While it would be nice if the government took the time to clarify details regarding the separation of powers during "calmer" times (if such times ever existed), it is inevitable that these issues only get attention when there is a perception of abuse. Bush has been more aggressive than his predecessors (rightly or wrongly) with the use of these letters, and has used them specifically in issues that are likely to raise hackles. As a result, this is the perfect time to address this issue - because right now people care. When we go back to a President that uses these letters only occasionally, and only regarding things that nobody cares about, this will once again fade into the background. Testing this issue during those calmer times would be an interesting theoretical exercise - right now we get to test the issue during crisis (of sorts), which is the best time to test any issue. Practically every "War on Terror issue" that has come before the courts has related to some policy or issue that has been around for decades but never got any attention before now. In my mind, this case is much like the Padilla case - something we could have handled during calmer times, except that nobody cares during calmer times. Will this distract from more pressing issues? Probably, but frankly I don't see Congress working too hard anyway, and this is important. In my mind this is exactly the correct time to figure this thing out. |
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Shub
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I don’t have one either. Is that good??? Joined: 11 June 2002 Location: United States Status: Offline Points: 6501 |
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Posted: 25 July 2006 at 6:15pm |
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I hate all those people who always use Pres Clinton as an example, but didn't he sign hundreds or thousands of executive orders during his presidency? An executive order doesn't go through Congress at all, giving the President signing the order legislative and executive power. This seems like a more blatant disregard for the seperation of powers than what GW did.
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Clark Kent
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Posted: 25 July 2006 at 6:23pm |
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Clinton did issue lots of executive orders (although I don't know if he did more or fewer than other presidents), but EOs are a bit different than what is going on here. An Executive Order doesn't go through Congress, true - but Congress can override it, and an EO cannot override Congress. More to the point, however, executive orders are typically policy statements, not really law. The old "no assassination" policy, for instance, was an executive order, but since the President controls the military anyway, he can pretty much decide not to assassinate without even doing an EO. These statements, on the other hand, directly override Congress, which EOs (TMK) do not do. They are essentially a veto without a veto. Interesting comparison, but I do not think they are the same. More importantly, there is established law and process for executive orders - these statement letters have neither, as far as I know. |
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Shub
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I don’t have one either. Is that good??? Joined: 11 June 2002 Location: United States Status: Offline Points: 6501 |
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Posted: 25 July 2006 at 10:22pm |
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Which by the way, I'm not trying to say that any of that makes Clinton worse or better than Bush, nor do two wrongs make a right, but if they truly want to restore the seperation of powers, I think EO's should be reconsidered in the same light as these statements.
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Clark Kent
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Posted: 25 July 2006 at 10:50pm |
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That certainly is the way I took it. Comparing with Clinton is generally a valid exercise - he was the prior President, and he was in the White House for 8 years. But, like I said, while it is an interesting comparison, I don't think they are the same, simply because they do different things. But one could certainly disagree. |
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.Ryan
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Posted: 26 July 2006 at 12:56am |
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Yeah, I've been freakin out about his signing statements for a while now. Like Clark said, it amounts to one man overriding congress, which is absolutely contrary to the ideals of this nation's system of government. It's nice to see it finally get some attention. You have that when the Barr Association comes out against something though...
As far as Specter goes....I don't know. I hate to be cynical, but I'm kinda seeing this as another thing to add to the list of things the Reps have been doing to distence themselves from a failed president. If it's not a political ploy, more power to him and I salute him whole-heartedly, but I'm kind of in the mindset where that whole party is starting to look inherently screwed up and corrupt. |
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Darur
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Posted: 26 July 2006 at 3:30am |
Rebublicans just cant do anything right in your book can they? |
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[IMG]http://img89.imageshack.us/img89/1859/newsmall6xz.jpg"> PH33R TEH 1337 Dwarf! DONT CLICK ME!!1 |
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Rico's Revenge
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Posted: 26 July 2006 at 10:26am |
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Roseanne's new charity??? .Ryan, 1st off, I don't believe we have a "failing" President. The tone of the Presidency was set 9/11/2001. I find it appalling how many people forget that. God forbid if Algore was in office, we would all have learned to sing KumBaYa in Arabic while holding hands on a camel hair blanket while he apologizes to the radical Muslim world for us "infidels" still having a head attached to our neck. But back on topic... Signing Statements are NOT a side-step of Congress, and your comment of "one man overriding congress" is completely inaccurate and an example of non-informed sensationalism. The President has ALWAYS done this, as I said, this is a footnote, a side note, a margin entry, etc... that acts as a check mark for future growth. It in no way takes away from the Law until such time as the Law is shown to have an adverse effect or Constitutional irregularity. At that time, the Law can be reviewed by the Judicial System and the Legislative bodies. However, through this time of review... the Law still stays in effect. As for the amount of Statements written, I believe this is based on several issues: 1. There are "knee jerk" and "band aid" laws that are being written due to the periods of crisis we are experiencing. The Nature if these Laws and the speed at which they are pushed through demand that there be a statement added for un-foreseen complications. 2. There sheer volume of Laws that are making there way up the Hill. As time progresses and life gets more technologically and socially complicated, there are more and more issues that must be addressed. Much of it is important, however; I don't think there is any disagreement that much amounts to the desire by your Congress-person to exude a perception that they are doing SOMETHING to keep your vote. As Clark pointed out, the comparison to the EO is extremely interesting kudos to shub for bringing that up! I disagree with Clark that it may not be a valid comparison. This is another tradition/right of the Presidency that in my mind, has more potential to blur the lines of separation. An EO doesn't only "over-ride" Congress, it goes around Congress completely... I don't want to get into a Bush/Clinton debate though. So I will just point out that there are many such tools that are available to a President. Bush's tool of choice is the Signing Statement, Clinton's was the EO... I think if either one of them exercised balance in the use of statements vs. EO there would have been much less controversy for both Presidents. * Edited to remove signature Edited by Rico's Revenge - 26 July 2006 at 10:28am |
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Clark Kent
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Posted: 26 July 2006 at 11:07am |
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Well, Pravda has spoken out on the issue: http://english.pravda.ru/world/americas/28-06-2006/82644-bus h_abuse-0 That pretty much settles it. Pravda, by definition, can never be wrong. |
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Rico's Revenge
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Posted: 26 July 2006 at 11:58am |
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LMAO!!! I'm sorry Clark... I have been proved wrong by the almighty Pravda and hereby offer my sincere apology...
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.Ryan
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Posted: 26 July 2006 at 2:40pm |
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Rico, I agree that the tone was set on 9/11. He's failed in that tone too. Al-Qeada still exists, and are stronger and more active than ever. We still don't have OBL. We have half-assed the operation in Afghanistan in order to invade a country that had nothing to do with the WoT to begin with, and in the process have emboldened the extremeist cause by doing something that appears to prove their point. All of that crap you said about Gore is just right-wing fantasy bull, so I wont go far there, but Bush is a failed president on nearly every level. Even in you beloved war.
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Rico's Revenge
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I wanna be a cowboy Joined: 21 January 2003 Location: United States Status: Offline Points: 3569 |
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Posted: 26 July 2006 at 3:04pm |
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Wow... how is life in fantasyland?
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TEHGANGSTER
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Posted: 26 July 2006 at 4:06pm |
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well whatever you say, none of this is going to change anything, all the supreme court justices are in bush's pocket anyway, kinda screws checks and balances eh?
nothings going to happen, its all to bogged down for anything to ever happen, i think bushes term will end before anything comes of any of the corruption/shady stuff goin on.... Edited by TEHGANGSTER - 26 July 2006 at 4:07pm |
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Clark Kent
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Posted: 26 July 2006 at 4:15pm |
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That's a pretty bold and unfounded statement... (Not to mention completely and obviously incorrect) |
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