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Originally Posted by Villages Kahuna
I don't like "signing statements" either, Bucco. But if our feckless Congress drops language into legislation that the President's lawyers believe is illegal, what is this President or any other President to do? He has two choices--veto the bill or sign it with a signing statement. It looks like signing statements will be with us for awhile.
I'd love it if the President had line item veto power. It seems to me that would focus the differences of opinion between the legislative and executive branches so that the line item veto could either be overturned, or not. It seems to me that would take the use of signing statements pretty much out of play. But we have as much chance of having Congress approve a Presidential line item veto as we do having them seriously address either campaign finance reform or tort reform.
I wonder how the Constitution addresses the idea of a signing statement? I'd guess that was a subject that even our brilliant framers didn't anticipate.
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The "signing statements" only indicate that the Executive Branch views a particular provision as unconstitutional, and as such does not plan to be bound by that provision. If the Executive Branch does not follow any particular provision, the EB is subject to suit, but who's going to sue? Depending on the provision, the battle could last longer tha the administration's term - and who's willing to belly up the money for the suit?
As far as "line item veto," I hope it never comes to pass, and would appear to take a Constitutional Amendment to make it happen. Congress cannot autocratically change the Executive's authority, and I doubt SCOTUS would rule that any Congressional action for a line item veto as being unconstitutional.