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View Diary: Signing statement: Bush asserts right to permanent bases, Iraqi oil (258 comments)

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  •  I don't think so (5+ / 0-)

    but I confess that I have not researched it.  the Federal Register contains regulations and executive orders, not statutes. What makes you think that signing statements are published in the federal register? And even if they were, they would not constitute an amendment of a statute. Regulations have to be consistent with the statute that authorizes them; you can't make up regulations that extend beyond with or nullifies a statute. Regulations that have been improperly promulgated or are inconsistent with a statute can be challenged under the Administrative Procedures Act.

    An executive order arguably instructs federal agencies within the executive branch as to the proper manner of compliance with a statute. I don't know a lot about executive orders, but again, I don't believe they can be inconsistent with statutory law.

    It's the Constitution, stupid.

    by litigatormom on Tue Jan 29, 2008 at 12:29:10 PM PST

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    •  I am positive the signing statements are in there (3+ / 0-)
      Recommended by:
      TaraIst, KenBee, markthshark

      in the Federal Register.  My heart stopped when I read that (probably read that piece of information in something that Chris Kelley had written).

      I noted this differentiation between "statutory" and "non-statutory" specifically for a reason... I believe Yoo and Addington are utilizing the insertion into the Federal Register as one of the mechanisms for legitimizing these signing statements. Statutory trumps the non-statutory.

      Though I am not a constitutional scholar, so someone with a better background needs to weigh in on this. Citing of the Federal Register is utilized in legal briefs, so a bell went off in my head when I read that bush's signing statements were entered into the Federal Register.

      <div style="color: #a00000;"> Our... constitutional heritage rebels at the thought of giving government the power to control men's minds. Thurgood Marshal

      by bronte17 on Tue Jan 29, 2008 at 01:25:35 PM PST

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    •  He can't... (3+ / 0-)
      Recommended by:
      bronte17, KenBee, NonnyO

      by law. That would be making the laws instead of faithfully (yeah right) executing them.

      I don't know a lot about executive orders, but again, I don't believe they can be inconsistent with statutory law.

      •  This is why the Federal Register has been (1+ / 0-)
        Recommended by:
        markthshark

        utilized.  It is one of their pathways to exert executive privilege and the unitary executive.

        <div style="color: #a00000;"> Our... constitutional heritage rebels at the thought of giving government the power to control men's minds. Thurgood Marshal

        by bronte17 on Tue Jan 29, 2008 at 03:19:45 PM PST

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        •  Good point; but, fundamentally, it's still... (0+ / 0-)

          extra-constitutional.

          I don't see how he can circumvent that reality no matter how hard he tries to create another.

          •  That maybe true, but this is untested doctrine (1+ / 0-)
            Recommended by:
            markthshark

            and they have been nothing if not radical and relentless in their quest to push the boundaries of presidential powers.

            <div style="color: #a00000;"> Our... constitutional heritage rebels at the thought of giving government the power to control men's minds. Thurgood Marshal

            by bronte17 on Tue Jan 29, 2008 at 05:27:50 PM PST

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          •  Until someone challenges the statements (1+ / 0-)
            Recommended by:
            markthshark

            on those grounds, we'll never know, and they'll remain in effect.

            That's why it's so agonizing that, as I said, "stopping him" is off the table. Not just impeaching the Bastid, but challenging him in any way seems to be verboten.

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