House Judiciary Hearing Examines Presidential Signing Statements, ACLU Applauds Panel’s Probe into Administration’s Power Grab (1/31/2007)
FOR
IMMEDIATE RELEASE
Contact:
media@dcaclu.org
WASHINGTON
- The American Civil Liberties Union today commended the House Judiciary
Committee for holding its first hearing of the 110th Congress to
examine President Bush’s use of presidential “signing statements.” Since taking office, President Bush has
issued such statements affecting more than 750 laws, often claiming a right to
not enforce laws passed by Congress.
“When
Congress sends a law to the president for signature it is not asking for his
comments. The Constitution doesn’t
provide for the president to cherry pick which laws – or which parts of the laws
– he will enforce. The Founding Fathers of our country designed a system that
works when Congress writes the laws and the president implements them,” said
Caroline Fredrickson, Director of the ACLU Washington Legislative Office. “The
president needs to respect the separation of powers.”
Article
II of the Constitution clearly states the president “shall take Care that the
Laws be faithfully executed.” In
most cases, President Bush’s signing statements have said he will refuse to
enforce part of a law because it conflicts with his extraordinary claims of
executive authority. The statements
have covered numerous issues, including a congressional ban on the use of
torture, affirmative action rules, protection for the integrity of scientific
research and whistleblower protections.
Such steps, the ACLU noted, defy the constitutional powers of Congress,
and undermine the system of checks and balances.
In
December 2006, President Bush issued a signing statement regarding H.R. 6407,
the Postal Accountability and Enhancement Act of 2006. The act reiterated the decades-long
prohibition on opening First Class mail of domestic origin without a
warrant. An existing regulation
allows for the opening of mail without a warrant only in narrowly defined cases
where the Postal Inspector believes there is a credible threat that the package
contains dangerous material like bombs.
The president's signing statement suggests that he is assuming broader
authority to open mail without a warrant.
The
ACLU and the Center for National Security Studies have filed three Freedom of
Information Act requests seeking the immediate release of records related to
that signing statement.
“Bravo
to the Judiciary Committee for looking into this flagrant attempt to circumvent
the will of Congress and thus the will of the people,” added Fredrickson.
To
read more about the ACLU-CNSS FOIA, go to:
http://www.aclu.org/safefree/spyfiles/28091prs20070122.html
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