Pelosi's Toothless Threat to Sue Bush Imperils the Constitution
Wednesday, May 9, 2007
Pelosi's Toothless Threat to Sue Bush Imperils the ConstitutionThe
bankruptcy of the Democratic Party leadership’s position in
Congress on impeachment was revealed in stark terms yesterday, when
House Speaker Nancy Pelosi announced that she would sue the president
in court if he resorted to a signing statement to kill the next version
of Congress’s Iraq funding bill.
Suing
Bush over a signing statement, given the number of Federalist
judges that this administration has named to the federal district and
appellate courts, and to the US Supreme Court, is not just an exercise
in futility; it is a dangerous tactic which could backfire disastrously
by leading to a ruling that it’s perfectly constitutional for a
president to ignore laws passed by the Congress. Does Pelosi really
want to risk such a catastrophe?
The
only solution is to impeach the president over his signing
statements, and there is no need to wait for the next one to take
action. Bush has invalidated more than 1200 laws or parts of laws
passed by Congress since 2001 using what are called “signing
statements.”
Republican
apologists for the president have noted that other
presidents, including Clinton, also issued signing statements, which is
true. But they fail to mention that other presidents did not use those
signing statements to then ignore or invalidate laws passed by
Congress. They merely used them to register their view that a law, or a
part of a law, was unconstitutional.
Bush
has made a wholly different argument. For the past six years, he
has been claiming that because he is commander in chief in a time of
war, by which he means the so-called “war” on terror, he has had what
he calls “unitary executive” authority. By this he means that
legislative and judicial power, as well as executive power, are all in
his hands for as long as the threat of terrorism is with us. Since this
“war” on terror never really ends, what he is claiming is that
separation of powers no longer exists in America. Indeed, the
Constitution itself is set aside. The president is a dictator during
his term of office, and Congress is just a debating club.
At this point, it should be clear to anyone, including Speaker Pelosi,
that the only remedy for this gross abuse of power by the president is
impeachment.
Unfortunately for America and the Constitution, Pelosi is still
hamstrung by her foolish insistence that “impeachment is off the table.”
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