The Boston Globe reports on George Bush’s refusal to follow the law:
President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution.
Among the laws Bush said he can ignore are military rules and regulations, affirmative-action provisions, requirements that Congress be told about immigration services problems, ”whistle-blower” protections for nuclear regulatory officials, and safeguards against political interference in federally funded research.
Legal scholars say the scope and aggression of Bush’s assertions that he can bypass laws represent a concerted effort to expand his power at the expense of Congress, upsetting the balance between the branches of government. The Constitution is clear in assigning to Congress the power to write the laws and to the president a duty ”to take care that the laws be faithfully executed.” Bush, however, has repeatedly declared that he does not need to ”execute” a law he believes is unconstitutional.
Former administration officials contend that just because Bush reserves the right to disobey a law does not mean he is not enforcing it: In many cases, he is simply asserting his belief that a certain requirement encroaches on presidential power.
But with the disclosure of Bush’s domestic spying program, in which he ignored a law requiring warrants to tap the phones of Americans, many legal specialists say Bush is hardly reluctant to bypass laws he believes he has the constitutional authority to override.
Conservatives, who once showed a healthy skepticism towards the power of government, now excuse such actions as part of the power of the president. Those in touch with reality see this as crossing the line between democracy and tyranny.
David Golove, a New York University law professor who specializes in executive-power issues, said Bush has cast a cloud over ”the whole idea that there is a rule of law,” because no one can be certain of which laws Bush thinks are valid and which he thinks he can ignore.
”Where you have a president who is willing to declare vast quantities of the legislation that is passed during his term unconstitutional, it implies that he also thinks a very significant amount of the other laws that were already on the books before he became president are also unconstitutional,” Golove said. . .
Golove said that to the extent Bush is interpreting the Constitution in defiance of the Supreme Court’s precedents, he threatens to ”overturn the existing structures of constitutional law.”
A president who ignores the court, backed by a Congress that is unwilling to challenge him, Golove said, can make the Constitution simply ”disappear.”
Previous presidents may have objected to laws, but they remained within the Constitution:
Still, Reagan, George H.W. Bush, and Clinton used the presidential veto instead of the signing statement if they had a serious problem with a bill, giving Congress a chance to override their decisions.
But the current President Bush has abandoned the veto entirely, as well as any semblance of the political caution that Alito counseled back in 1986. In just five years, Bush has challenged more than 750 new laws, by far a record for any president, while becoming the first president since Thomas Jefferson to stay so long in office without issuing a veto.
Bush’s actions break down separation of powers, especially when those of his own party control Congress and are unwilling to fulfill their duties:
Without court involvement, only Congress can check a president who goes too far. But Bush’s fellow Republicans control both chambers, and they have shown limited interest in launching the kind of oversight that could damage their party.
”The president is daring Congress to act against his positions, and they’re not taking action because they don’t want to appear to be too critical of the president, given that their own fortunes are tied to his because they are all Republicans,” said Jack Beermann, a Boston University law professor. ”Oversight gets much reduced in a situation where the president and Congress are controlled by the same party.”
Said Golove, the New York University law professor: ”Bush has essentially said that ‘We’re the executive branch and we’re going to carry this law out as we please, and if Congress wants to impeach us, go ahead and try it.’ ”
Bruce Fein, a deputy attorney general in the Reagan administration, said the American system of government relies upon the leaders of each branch ”to exercise some self-restraint.” But Bush has declared himself the sole judge of his own powers, he said, and then ruled for himself every time.
”This is an attempt by the president to have the final word on his own constitutional powers, which eliminates the checks and balances that keep the country a democracy,” Fein said. ”There is no way for an independent judiciary to check his assertions of power, and Congress isn’t doing it, either. So this is moving us toward an unlimited executive power.