Saturday, January 28, 2006

My Opposition to Alito

There are a host of reasons to oppose Alito as a SCOTUS justice. However, one thing stands out for me as, in itself, sufficient to oppose his nomination. He has taken the position that
Since the president's approval is just as important as that of the House or Senate, it seems to follow that the president's understanding of the bill should be just as important as that of Congress,...
to argue for the value of presidential signing statements and how the court should consider them as equal to legislative intent. Anyone this ignorant of the actual US Constitution should not sit on the highest court. The US Constitution clearly states in Article I section 7
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
If the President fails to sign the bill it becomes law "in like manner as if he had signed it", his signature, his approval is unnecessary so long as congress stays in session for 10 more days. Even if he disapprove's congress may overrule him. Alito's claim that "the President's approval is just as important as the House or Senate" is nonsense. The President's approval is completely unnecessary, Congress's approval is essential. These are not equal.

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2 Comments:

At 5:40 PM, Anonymous Craig said...

There was a time when Congress was considered the leading branch of government.

Sometimes I wonder if there shouldn't be a small change in the US Constitution so that Congress can directly make 20 or so oversight appointments. The secrecy of the Bush Administration is such that no one really knows what Bush is doing or not doing.

 
At 10:23 AM, Anonymous Anonymous said...

Ignorance of the law is no excuse. The Presidential signing statement is an integral Constitutional component. It is in addition to the power of the veto.

The framers intent was, and remains clear, to codify the Presidental authority as a check and balance to the possible tyranny of any faction within the Congressional branch.

The signing statement has been used by many Presidents...todays' leftist would be dictators in the Congress just don't approve of his asserting that authority.

 

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