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May 9, 2007 at 09:34:33
Pelosi's Toothless Threat to Sue Bush Imperils Constitution by Dave Lindorff Page 1 of 2 page(s) |
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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.” As long as she continues to refuse to allow impeachment of President Bush, she cannot hope to stop the war, restore habeas corpus, undo the Military Commissions Act, stop illegal spying on Americans by the National Security Agency, or win passage of any significant legislation to deal with global warming. She cannot really do anything, because Bush will simply issue signing statements and use his claim of “unitary executive authority” to invalidate any legislation passed by Congress. Pelosi needs to be told by her colleagues and by all Americans who care about the survival of the Constitution that this is not an issue for the courts. It is an issue that demands impeachment. The Founding Fathers were clear that where abuse of power occurs, it is Congress, not the Courts, that must have the responsibility to take corrective action. Abuse of power is not a violation of the law, and so it is not something that the courts are likely to handle properly even under the best of circumstances. Abuse of power is a so-called “political crime,” which requires a political response, which is precisely why the Founders included an impeachment clause in the Constitution. Pelosi has ducked this issue for long enough, and now she’s about to do serious damage to the nation because of her political cowardice. Basta! Enough! If the American republic is to survive, it is time to impeach this president on a charge of abuse of power. The 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. http://www.thiscantbehappening.net The views expressed in this article are the sole responsibility of the author
Pelosi & most elected Dems care about -- posturing as "opponents" of Bush, without attempting in any serious way to stop him.
From the viewpoint of the Democrats, this is just what the doctor ordered: they get to placate their voters, but they also satisfy their corporate donors at the same time. In the world of the Dems, this is a "win-win." The only thing they risk is the Constitution & the future of the Republic -- but they don't care about stuff like that. by
Richard Mynick (2 articles, 4 quicklinks, 1 diaries, 1552 comments [255 recommended, 5 rejected]) on Wednesday, May 9, 2007 at 10:26:59 AM
RichM - you are right on! It's a Two-Faced game for the politicians of BOTH partys. A one-rooster cockfight. All the posturing and crowing without any effect. Pelosi's loyalty to AIPAC caps it. WHY ISN'T ANYONE WRITING ABOUT THE AIPAC-CONNECTION?? The SAFE way to Protest http://pledgetoimpeach.org avoid the Gestapo Crowd Control Goons. IMPEACH! IMPEACH! IMPEACH!IMPEACH! IMPEACH! by
mary-ann (0 articles, 0 quicklinks, 0 diaries, 55 comments) on Wednesday, May 9, 2007 at 1:03:21 PM
It's all smoke and mirrors. Both parties put on acts to pacify people for awhile. They both seem to be playing some game with the common people as the losers. I hope I live to see the day when the truth finally comes out. by
Bob Gormley (1 articles, 0 quicklinks, 3 diaries, 1094 comments [65 recommended, 0 rejected]) on Wednesday, May 9, 2007 at 1:50:45 PM
"The president's abuse of power through signing statements is his biggest crime" His green light for the 9/11 attacks was his "biggest crime." Murdering a million Iraqis is in close competition, but it couldn't have happened without first allowing the 9/11 attacks. You can say it's the "biggest crime" that you're willing to consider. But signing statements aren't his biggest crime by a long shot. You could also argue that the Democrats' refusal to remove him through impeachment is just as great a crime as the sum of Bush's crimes added together. by
johndoraemi (17 articles, 12 quicklinks, 6 diaries, 166 comments [3 recommended, 0 rejected]) on Wednesday, May 9, 2007 at 2:55:06 PM
I agree with everyone here, but I'm getting a little discouraged. We need the radical truth telling candidates to gain credibility in the publics eyes. This show that we've been watching is so obvious, yet they are not rushing to cosponsor Kucinich's Articles of Impeachment for Dick Cheney. We are still being force feed Hillary and Barrack. The ones who receive the largest amounts of Corporate Blood money by
Sleeper (1 articles, 1 quicklinks, 14 diaries, 312 comments [6 recommended, 0 rejected]) on Wednesday, May 9, 2007 at 3:58:15 PM
it's time to take Pelosi off the table. by
Blue Pilgrim (0 articles, 3 quicklinks, 2 diaries, 997 comments) on Wednesday, May 9, 2007 at 4:30:15 PM
It is becoming more and more apparent that Pelsoi is part of the problem. That there is no difference between her and the other multi-millionaires that gain from the MIC they've invested in and have been bought off by. It's been apparent to me for way to long now that it isn't Pelosi, or Waxman, or Conyers, or any of them that will change things - it's us. We the people, sooner or later, are going to have to take back this government as the Constitution says we have the right to do - by any means necessary. Peaceful civil disobedience, general strikes would be the best way to bring them to their knees. We need to do this now and continue till we win. by
Mr M (8 articles, 0 quicklinks, 66 diaries, 2845 comments [654 recommended, 27 rejected]) on Wednesday, May 9, 2007 at 6:45:23 PM
I totally agree that they are bought and paid for in order to deflect real actions. The Military Congressional Industrial Complex as Eisonhower put it in the earlier draft before they chose to remove Congressional. "War is A Racket" as described by Smedley Butler. We just need to print it, publish it, shout it, and show up. The crowds will get bigger. The up and coming candidate need to know we know where their big money comes from. It isn't "WE THE PEOPLE". It is multination artificial entities that exist on paper and are run by very real criminals. by
Sleeper (1 articles, 1 quicklinks, 14 diaries, 312 comments [6 recommended, 0 rejected]) on Thursday, May 10, 2007 at 1:30:05 PM
Dave, your analysis of this situation is right on. Impeachment has become an imperative. But Pelosi will not touch it and the MSM wont either. An impeachment poll, if it showed a substantial number wanting to impeach Bush/Cheney, could force the MSM to finally cover the issue. But the MSM hasnt done an impeachment poll since Oct. of 2006. Until now.
Yesterday an obscure conservative website, townhall.com, published an impeachment poll they sponsored showing 39% favor impeachment. But the MSM, no surprise, has completely ignored it. The townhall.com article is at click here
I have written to Zogby pleading for an impeachment poll 4 times. The first two times he replied that he would be conducting such a poll "soon." The last two, he has ignored me completely. Please write an article urging an impeachment poll to be conducted by a mainstream polling organization that the MSM could not ignore. If the results are in the 40% range, as was the townhall.com poll, this could be the first real step toward impeachment. by
Deano (2 articles, 1 quicklinks, 1 diaries, 18 comments) on Wednesday, May 9, 2007 at 6:55:18 PM
The solution is to open up public office to deserving candidates who pay for their campaigns with truth instead of money. That won't happen as long as the wealthy are the people who are holding those elected positions. Why? The EC. The Electoral College, which has an all encompassing trickle down affect that addicts people to the colors red and blue from a very young age. Keep "democracy" hidden behind that bourgeois curtain and nothin' ain't never gonna change. Michael by
Michael Bonanno (119 articles, 19 quicklinks, 24 diaries, 152 comments) on Wednesday, May 9, 2007 at 11:15:19 PM
Article III Section 2 provides The Supreme Court’s judicial Power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Yes, Nancy Peloci can and must bring a case against the President in federal court if George W. Bush rewrites legislation when he signs it into law. It is more likely George W. Bush will lose in court than getting an impeachment through the house. If George W. Bush wins it is the end of the "United" States through a constitution. There is a question in law arising under the Constitution here pertaining to Presidential abuse of powers. Subverting or ignoring the Constitution while commanding an armed force is a treasonous act against the (United) States even if shots are not fired. George W. Bush is ignoring the United States Constitution by exerting legislative power from the office of the President in violation of Article I Section 1 where “All legislative Powers herein granted shall be vested in a Congress of the United States”. He might also be in violation of his oath of office also set forth in Article II Section 1 of the United States Constitution if you don’t take into account “the best of his ability”. By ignoring the Constitution, George W. Bush under the support and protection of the Republican Party in Congress has committed a treasonous act of war against the several states and the good people of America by attempting to void the Constitution which unites the several states as “the United States”. All of this is done through the use and protection of armed forces within the Executive branch of government and through appointment in the judicial branch. Nancy Peloci and the rest of the congress would also be in violation of their oaths of office by not supporting and defending the constitution, as required under Article VI, from attacks by George W. Bush. George W. Bush could have articles of impeachment filed against him by the Congress. If successful, this would just remove him from any office of honor. George W. Bush has no honor already. What good will impeachment do? There is a larger constitutional question. Is this the end of the United States? Now we just need a ruling from the George W. Bush Supreme Court declaring it. I urge you to get and keep a copy of the United States Constitution with you at all times and to read it regularly and refer to it when issues arise with your government. This document is not just for government officials and lawyers, though they believe only they have the right to discuss the document. (Yes, I actually had a government attorney try to say I was practicing law by discussing the constitutions effects on people’s rights.) For instance Writ of Habeas Corpus is a “privilege” not a “right” and can be suspended for public safety under Article 1 Section 9 of the United States Constitution. Yes, George W. Bush can lock people up in Guantanamo and here too if he declares you are under invasion. Mexico is invading us as I write this response. It should also be noted that only the congress can declare war under Article I Section 8. The President shall have Power to make treaties (end war) provided two thirds of the Senate present concur Article II Section 2. There is no real “war” because there is no country or people to treaty. It is like a “war” on poverty. How do you make treaty with poverty? Under Article IV Section 4, the United States shall protect each state against invasion. It has failed to protect the good people of the several states from invasion of 10’s of millions of Mexicans. A nice booklet form of the Constitution can be purchased for $5 from your local Book store or from: The Cato Institute 1000 Massachusetts Avenue, N.W. Washington D.C. 20001 www.cato.org God may have blessed America the land but the United States government is a godless evil entity. by
Gallaher (2 articles, 0 quicklinks, 4 diaries, 990 comments [34 recommended, 1 rejected]) on Thursday, May 10, 2007 at 4:22:29 PM
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