Signing away the Constitution

The Founding Fathers created three separate branches of government, each with its distinct role, to prevent power from being concentrated too tightly in one place by one person or small group of people. It was a wise move, and though the executive branch has always been the most visible and most driving force in our government, no president has moved as far in the direction of tyrant as George W. Bush.

The Globe reports today that Bush issued another "signing statement" this week. These are documents released after a president signs a bill -- thereby making it law -- that in the past have been used sparingly by presidents to indicate their interpretation of the new law. Bush has used such statements far more than previous occupants of the oval office -- more than 1,000 times -- and in them he often indicates certain parts of new laws that his administration will not follow.

This is clearly illegal. It completely ignores the structure of the United State Constitution, which presidents swear to "preserve, protect and defend" when they are inaugurated. The president's job is to enforce the laws. If he doesn't agree with a proposed law then his duty is to veto it. If he thinks it violates the Constitution, then the courts will make a decision. All three elements of power cannot and should not be concentrated in one branch and in one man (or two, considering Dick Cheney's influence).

The Globe's Charlie Savage won a Pulitzer Prize for his coverage of Bush's use of signing statements, which the American Bar Association has determined as "contrary to the rule of law." Republican Senator Arlen Specter has twice filed legislation that instructs all state and federal courts to ignore signing statements.

This latest signing statement, you should know, was filed after Bush signed the National Defense Authorization Act for 2008, which contains a provision forbidding the US from spending taxpayer dollars to build permanent military bases in Iraq. The president, after signing the bill into law, then issued a statement that says he does not have to abide by that section, as well as several others. It's clear from recent negotiations in Iraq that this administration is planning on such bases, and in another end-around the legal process, Bush has said that the eventual agreement with Iraq will be a "compact" and not a treaty, which means he can bypass the ratification process in the US Senate.

Goerge W. Bush is making a mockery of the rule of law. His violation of the Constitution and of his vow to uphold it are unethical and criminal.