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Signing Statement prediction
By AndrewMC, Dailykos
OK, we all know what's happening with these signing statements. Across the country, people complain that Bush uses them to circumvent Congress' authority on . . . well, on just about everything.
So, the signing statements are legendary, and without an active Congress, apparently, we won't get change.
Some suggest, however, that it might be best to keep quiet because a Democratic president may want to use those things to hir benefit. Let go your breath cause it will never happen.
Once either Barak or Hillary are elected in November, take office next January, and receive the first bill to sign a few days or weeks later, the Repugnicans will jump all over that first signing statement like flies on stink.
And being Repugnicans--and therefore better at this than we are, apparently--they aren't going to mess around with whining and crying and pleading. No, they're going to file a lawsuit, and they're going to fast-track it to the Supreme Court. The brilliance of this is that they won't even have to pave new legal ground, because they've done this once before.
"Huh?" you say, "when was that?" Simple, in 1996, when then-Mayor Rudy Giuliani filed a case in U.S. district court, arguing that the Line Item Veto Act of 1996 was unconstitutional. In Clinton v New York City, the Supreme Court struck down the Act, saying that the line-item veto was unconstitutional.
In his majority opinion Justice John Paul Stevens upheld a lower court's decision, concluding "the procedures authorized by the line-item veto act are not authorized by the Constitution."
So what? So, lots. Signing statements amount to a de facto line item veto. And any politician worth hir salt and who wanted to put an end to them would bring a court case right away, and would make as much noise about it as possible.
But not the current Democratic Congress. Way too compliant. But Repugnicans are more than willing to play that kind of game, and I predict that they'll pounce on this first chance they get to hold up Barak or Hillary when the time comes.
The question is, why haven't we followed that path? Why don't we have the guts? Where are our leaders?