Sen. Patrick Leahy of Vermont, the ranking Democrat on the Judiciary Committee, told reporters that [George W. Bush]'s use of signing statements is "an egregious violation of the law and the Constitution" that has been allowed by a "rubber-stamp [Republican] Congress" refusing to stand up for either. In light of the U.S. Supreme Court's recent ruling in Hamdan v. Rumsfeld," in which the Supreme Court ruled that the president had overstepped his constitutional powers by trying enemy combatants in military tribunals rather than traditional civilian courts, "it seems clear that there are some checks on executive power," [Charles J. Ogletree, Jr.] said. "One, the legislative branch has the power of the purse," Ogletree explained. "If they disagree with the way that the executive branch has...
First up, George Washington supervised, removed, controlled all prosecutions (just like George III), called out militia, and granted pardons. [...] say the authors: "The Civil War was fought over the issue of the president's authority to take care that the laws be executed in the South.
AFTER six years of kowtowing to the White House, Congress is finally challenging President Bush's campaign to trample all legal and constitutional restraints on his power. Congressional committees have issued subpoenas for documents and witnesses in two cases and have asked for the firstcriminal investigation of an executive branch official who might have lied to Congress.
WASHINGTON - Late in last week's Supreme Court arguments about the Bush administration's jailing of two citizens as suspected terrorists, the president's advocate stripped away legal veneers and exposed the bold proposition underneath. Deputy Solicitor General Paul Clement told the justices that at some point, "you have to trust the executive to make the kind of quintessential military judgments that are involved." Trust that the government isn't detaining citizens without good reason. Trust that the president won't exceed his constitutional authority.
Besides, while Congress did not do everything the Bush administration or the natural resources producers wanted, neither did it stop the administration from doing a great deal of what it could do without asking Congress. Using executive power, the Bush administration achieved its first real breach of the national forests' Roadless Area Protection Rule - invoked by President Clinton in 2000 and uninvoked ever since by George W. Bush - when logging was begun in Oregon's largest roadless area over the objections of Democratic Gov. Ted Kulongoski. In August, the Forest Service leased 22,000 acres of roadless forest in western Colorado and eastern Utah. Sen. Lincoln Chafee of Rhode Island, arguably the last liberal Republican extant, is chairman of the Fisheries, Wildlife and Water Subcommit...
Alexander Hamilton's writings, virtually alone among the framers, were invoked by President George W. Bush and his legal advisors as the cornerstone of the administration's assertions of sweeping executive powers in the areas of war and peace and national security. The Bush administration's conscription of Hamilton to justify its soaring claims of presidential power, however, represents a distortion and abuse of his views of the latter president's views, particularly those expressed in The Federalist Papers. With the loss of Hamilton as an intellectual pillar, President Bush's theory of a plenary executive power finds no support among the framers. Analysis of Hamilton's writings will repair his undeserved reputation as an apologist for expansive executive powers.
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