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Are "signing statements" equivalent to executive orders ?

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steve2470 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-29-06 08:38 AM
Original message
Are "signing statements" equivalent to executive orders ?
That appears to be the argument of the RW, that *'s signing statements are legal just as executive orders are. I'm in a running debate with a right winger that the signing statements are illegal and NOT like executive orders. Any lawyers or legal beagles want to help me out here ? Thanks so much for your time.
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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-29-06 08:42 AM
Response to Original message
1. askt the idiot to show it to you in the US constitution - and -
a statement is attached to a bill that is passed

and executive order stands alone.

Msongs

listen to our song demos!
www.msongs.com/msongsdemos.htm
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bryant69 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-29-06 08:43 AM
Response to Original message
2. THey are not the same In my opinion
Executive Orders fit within the context of the executive branch - they are a mechanism form him to fulfill his constitutionally mandated duty - obviously they can be misused, but that's the Presidents fault and not the tools.

Signing Statements are a way to circumvent the legislative branch. The Legislative Branch is supposed to make the laws and the Executive Branch is supposed to enforce the laws (and judicial is supposed to interpret the laws). Anyway Signing Statements are a way of seizing power from both the Legislative Branch (by telling them that these laws will not be followed) and the Judicial Branch (by attempting to prejudge any judicial challenge to the Bush Administrations choosing to ignore the law).

That's my take anyway.

Bryant
check it out --> http://politicalcomment.blogspot.com
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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-29-06 08:45 AM
Response to Original message
3. it's not illegal to write a signing statement. what's illegal comes later
anyone can write a signing statement, or claim to have passed a law, or to have interpreted a law. in and of itself, that's not illegal.

the illegal part comes when the government actually carries out something contrary to legitimate law. so you need to find an example of where the executive branch has done something contrary to the signed law on the basis that it was consistent with shrub's signing statement.

then you've got the basis of something illegal.
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snappyturtle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-29-06 09:11 AM
Response to Reply #3
4. If you're right * has.....
certainly set the stage.....what I think is illegal about it is this: If * disagrees with a bill that comes across his desk he should veto it, not change it. In effect, he has dissolved the legislative's branch's power to over-ride.
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JAbuchan08 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-29-06 09:57 AM
Response to Original message
5. A signing statement is legal to the extent that the president
is simply writing down his understanding of the law and its application as it applies to the executive branch. It is not legal for the executive branch to circumvent or subvert the law with a signing statement. If the law is unconstitutional it is up to the judicial branch to determine that.Of course the preceding turns on the words "understanding" and "application" which the Bush administration would (of course) define to their benefit.
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