The mainstream media missed another big story recently: The President has been screwing around with our Constitution and the nation’s largest association of lawyers has called him on it. 

On August 8, 2006, American Bar Association, a national association of 410,000 lawyers, condemned President Bush’s widespread practice of writing exceptions to legislation he signs into law.  For a report by Law.com, see here.

According to the Sept 2006 issue of the St. Louis Journalism Review (the article isn’t yet available on-line),  the ABA delegates reported that the vote was across the board, with no distinctions between red states and blue states.  The resolution itself can be found here.

The ABA press release elaborates on Bush’s impropriety:

Presidential signing statements that assert President Bush’s authority to disregard or decline to enforce laws adopted by Congress undermine the rule of law and our constitutional system of separation of powers . . . 

The task force report states, “From the inception of the Republic until 2000, Presidents produced fewer than 600 signing statements taking issue with the bills they signed. According to the most recent update, in his one-and-a-half terms so far, President George Walker Bush … has produced more than 800.”

The report found that President Bush’s signing statements are “ritualistic, mechanical and generally carry no citation of authority or detailed explanation.” . . . This . . . raises serious concerns crucial to the survival of our democracy,” said Greco. “If left unchecked, the president’s practice does grave harm to the separation of powers doctrine, and the system of checks and balances, that have sustained our democracy for more than two centuries. Immediate action is required to address this threat to the Constitution and to the rule of law in our country.

In sum, President Bush has been using these numerous signing statements to quietly change the laws presented to him.  This practice also allows Bush to avoid use of the presidential veto.  Last month, Bush used his first presidential veto in 5 ½ years.  That veto resisted Congressional legislation to allow further federal funding for stem cell research.

As reported by The Jurist, Bush’s technique is dishonest:

“The constitution says the president has two choices: either sign the bill or veto it. And if you sign it, you can’t have your hand behind your back with your fingers crossed,” said Michael Greco, the ABA’s outgoing president.