President "shall take Care that the Laws be faithfully executed" [while] breaking some and refusing to enforce others ... 1,000 "signing statements"

Reining In an Out-of-Control Executive Posted July 16, 2007 10:26 PM (EST)

Our Founding Fathers created three separate but co-equal branches of government to check and balance each other so no one branch would become all powerful. Indeed, James Madison wrote in the Federalist Papers, "The preservation of liberty requires that the three great departments of power should be separate and distinct." Madison warned, "The accumulation of all powers, legislative, executive, and judiciary in the same hands... may justly be pronounced the very definition of tyranny." The American colonists were reacting against a police state.

More than 200 years later, we have another King George. In the last six years, George W. Bush has sought to accumulate all governing powers in the same hands -- his. In the Declaration of Independence, the framers charged that the King "refused his Assent to Laws, the most wholesome and necessary for the public good." Bush has repeatedly violated the Constitution's command that the President "shall take Care that the Laws be faithfully executed," by breaking some and refusing to enforce others. The Constitution grants Congress the power to make laws; after both houses pass a bill, the President can only sign it or veto it. Bush, however, takes a different tack. He has vetoed just three bills, then quietly attached "signing statements" to more than 1,000 congressional laws, indicating his intent to follow only those parts with which he agrees.
...
Marjorie Cohn is a professor at Thomas Jefferson School of Law and President of the National Lawyers Guild. Her new book, Cowboy Republic: Six Ways the Bush Gang Has Defied the Law, was just published. Her articles are archived at http://www.marjoriecohn.com.