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» Hatrack River Forum » Active Forums » Books, Films, Food and Culture » Dag, what do you think about the ABA task force report?

   
Author Topic: Dag, what do you think about the ABA task force report?
Tatiana
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quote:
Bush has challenged more laws than all previous presidents combined.

The ABA's president, Michael Greco, said in an interview that he proposed the task force because he believes the scope and aggressiveness of Bush's signing statements may raise serious constitutional concerns. He said the ABA, which has more than 400,000 members, has a duty to speak out about such legal issues to the public, the courts, and Congress.

Apparently the ABA is concerned. Are you? The group is described here, and here, and on their official site here.


quote:
WASHINGTON, D.C., July 24, 2006 – 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, according to a report released today by a blue-ribbon American Bar Association task force.

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Pelegius
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Isn't ABA, a Swedish band? I am trying to imagine a "task force" of lawyers, but it ends up as something like Monty Python's "Fleming of the British Dental Assosciation" spy show.
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fugu13
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I'm going to assume those are jokes.
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Baron Samedi
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I'm pretty sure it's Lemming of the BDA. But I guess if you missed ABBA, accuracy isn't your highest priority. [Razz]
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Jim-Me
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Dag's taking the bar the next couple of days... I expect he'll comment later...
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Tatiana
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Taking the bar .... precludes posting on hatrack????? That's pretty serious! [Smile]
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ketchupqueen
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quote:
Isn't ABA, a Swedish band?
That's ABBA. People are always asking that when I mention that Emma calls her dad Abba. [Roll Eyes]
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Celaeno
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Here's the Associated Press article if anyone's interested.

quote:
WASHINGTON (AP) -- President Bush's penchant for writing exceptions to laws he has just signed violates the Constitution, an American Bar Association task force says in a report highly critical of the practice.

The ABA group, which includes a one-time FBI director and former federal appeals court judge, said the president has overstepped his authority in attaching challenges to hundreds of new laws.

The attachments, known as bill-signing statements, say Bush reserves a right to revise, interpret or disregard measures on national security and constitutional grounds.

"This report raises serious concerns crucial to the survival of our democracy," said the ABA's president, Michael 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."

Some congressional leaders had questioned the practice. The task force's recommendations, being released Monday in Washington, will be presented to the 410,000-member group next month at its annual meeting in Hawaii.

ABA policymakers will decide whether to denounce the statements and encourage a legal fight over them.

The task force said the statements suggest the president will decline to enforce some laws. Bush has had more than 800 signing statement challenges, compared with about 600 signing statements combined for all other presidents, the group said.

Noel J. Francisco, a former Bush administration attorney who practices law in Washington, said the president is doing nothing unusual or inappropriate.

"Presidents have always issued signing statements," he said. "This administration believes that it should make clear ... when the Congress is getting close to the lines that our Constitution draws."

Francisco said the administration's input is part of the give and take between the branches of government. "I think it's good that the debate is taking place at a public level," he added.

White House Press Secretary Tony Snow said last month that "it's important for the president at least to express reservations about the constitutionality of certain provisions."

The ABA report said President Reagan was the first to use the statements as a strategic weapon, and that it was encouraged by then-administration lawyer Samuel Alito -- now the newest Supreme Court justice.

The task force included former prosecutor Neal Sonnett of Miami; former FBI Director William Sessions; Patricia Wald, former chief judge of the U.S. Court of Appeals for the District of Columbia Circuit; former Republican Rep. Mickey Edwards; and former Reagan administration lawyer Bruce Fein; and law school professors and other lawyers.


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Samprimary
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I need to find a time machine, and travel back to about the 70's, when my parents were doe-eyed harley loveys.

They'll be sitting on a picnic blanket, somewhere, when a bejeaned man with a Shepard Fairey shirt and a leather jacket will violently and unexpectedly fold out of a rift in space and time, only to land inelegantly on the field in front of them.

Still smoking, I'll stumble around, wipe the aetherial soot from my eyes, then grab whichever one of them is closest to me.

"In the year two thousand and six," I'll say, with feral eyes meeting theirs, "we have a presidential administration which is literally balking at the idea that there's anything wrong with their propensity to -- at convenience -- ignore or change laws passed by Congress."

"So," one of them will say, "American politics never de-stupidifies, does it?"

I'll respond "Yes. You'll never get pregnant and subject me to that. If you have a heart."

This is how I'll manage to be called a drama queen by my parents, a full decade before I'm even born. Call it a head start program.

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