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Specter prepping bill to sue Bush
By LAURIE KELLMAN, Associated Press Writer
Last Updated 4:38 pm PDT Monday, July 24, 2006
WASHINGTON (AP) - A powerful Republican committee chairman who has led the
fight against President Bush's signing statements said Monday he would have
a bill ready by the end of the week allowing Congress to sue him in federal
court.
"We will submit legislation to the United States Senate which
will...authorize the Congress to undertake judicial review of those signing
statements with the view to having the president's acts declared
unconstitutional," Judiciary Committee Chairman Arlen Specter, R-Pa., said
on the Senate floor.
Specter's announcement came the same day that an American Bar Association
task force concluded that by attaching conditions to legislation, the
president has sidestepped his constitutional duty to either sign a bill,
veto it, or take no action.
Bush has issued at least 750 signing statements during his presidency,
reserving the right to revise, interpret or disregard laws on national
security and constitutional grounds.
"That non-veto hamstrings Congress because Congress cannot respond to a
signing statement," said ABA president Michael Greco. The practice, he added
"is harming the separation of powers."
Bush has challenged about 750 statutes passed by Congress, according to
numbers compiled by Specter's committee. The ABA estimated Bush has issued
signing statements on more than 800 statutes, more than all other presidents
combined.
Signing statements have been used by presidents, typically for such purposes
as instructing agencies how to execute new laws.
But many of Bush's signing statements serve notice that he believes parts of
bills he is signing are unconstitutional or might violate national security.
Still, the White House said signing statements are not intended to allow the
administration to ignore the law.
"A great many of those signing statements may have little statements about
questions about constitutionality," said White House spokesman Tony Snow.
"It never says, 'We're not going to enact the law.'"
Specter's announcement intensifies his challenge of the administration's use
of executive power on a number of policy matters. Of particular interest to
him are two signing statements challenging the provisions of the USA Patriot
Act renewal, which he wrote, and legislation banning the use of torture on
detainees.
Bush is not without congressional allies on the matter. Sen. John Cornyn,
R-Texas, a former judge, has said that signing statements are nothing more
than expressions of presidential opinion that carry no legal weight because
federal courts are unlikely to consider them when deciding cases that
challenge the same laws.

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