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Executive Power Grab (3.00 / 3)

Somewhere in all the Alito news I recall reading that Alito had recommended that presidents make statements about their intent when signing bills into law.  Up till now, the judiciary has only been able to refer to legislative intent when interpreting law.  Presidential signings are usually photo ops, political events where the president says little more than congratulations, and unless the legislation is vetoed, the president is a mere functionary, at least in legal terms.  Judges interpreting the law have traditionally deferred to Congress's intent, unless there are constitutional issues.  That has been our tradition, and presidents have left it that way, usually saying little about what their own intent is.

This Bush statement strikes me as an important news.  It seems to be a White House effort to usurp the role of Congress in establishing the intent of the legislation that has been passed and signed into law.  

It remains a question as to how the judiciary will interpret intent in the future -- will it defer to Congress as it has traditionally, or if presidents begin issuing their own statements, will judges defer to presidential intent instead?  Will there be a battle among judges in deciding which branch of government is primarily responsible for how a law is interpreted.

It seems clear to me that the Bush administration, and judges like Alito, would like to see the executive have more power in influencing judicial interpretation.  The Bush statement about the torture amendment is perhaps the first shot fired in what could be a long war over who gets to say what our laws mean.

by JJF on Tue Jan 03, 2006 at 01:26:37 PM EST

Re: Executive Power Grab (none / 0)

the formal statement has its virtues though--it cuts the issue clearly, and forces Congress to capitulate or confront it.

In principle, then congress can be held accountable.

those statements of intent are actually quite functional from a standpoint judging democratic representation and accountability.

by plunkitt on Tue Jan 03, 2006 at 08:18:09 PM EST
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Re: Executive Power Grab (none / 0)

How exactly is Congress supposed to confront it?  By passing another law that the President can then veto or sign with another statement saying he'll ignore it?

This statement is useless from any point of view except political -- it asserts the Executive's primacy over the other two branches -- an atextual, unAmerican doctrine.

Also, last time I checked, the Executive doesn't interpret the law.  The Judicial Branch interprets the law.  Bush doesn't get to decide which laws cover him and which don't.

by paperwight on Tue Jan 03, 2006 at 09:23:59 PM EST
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