Bush Disobeys 750 Laws

Ken AshfordBush & Co., CrimeLeave a Comment

I didn’t say that; the Boston Globe did.  What’s remarkable is that Bush apologists — rather than saying "That’s bullshit" — respond instead with "Yeah? So?":

President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution.

Among the laws Bush said he can ignore are military rules and regulations, affirmative-action provisions, requirements that Congress be told about immigration services problems, ”whistle-blower" protections for nuclear regulatory officials, and safeguards against political interference in federally funded research.

Legal scholars say the scope and aggression of Bush’s assertions that he can bypass laws represent a concerted effort to expand his power at the expense of Congress, upsetting the balance between the branches of government. The Constitution is clear in assigning to Congress the power to write the laws and to the president a duty ”to take care that the laws be faithfully executed." Bush, however, has repeatedly declared that he does not need to ”execute" a law he believes is unconstitutional.

Former administration officials contend that just because Bush reserves the right to disobey a law does not mean he is not enforcing it: In many cases, he is simply asserting his belief that a certain requirement encroaches on presidential power.

Glenn Greenwald comments:

It is not uncommon for a President to refrain from executing a law which he believes, and states, is unconstitutional. Other Presidents have invoked that doctrine, although Bush has done so far more aggressively and frequently. But what is uncommon – what is entirely unprecedented – is that the administration’s theories of its own power arrogate unto itself not just the right to refrain from enforcing such laws, but to act in violation of those laws, to engage in the very conduct which those laws criminalize, and they do so secretly and deceitfully, after signing the law and pretending that they are engaged in the democratic process. That is why the President has never bothered to veto a law — why bother to veto laws when you have the power to violate them at will?