Here’s the question: where in the Constitution does it say the President gets to dis legislation? I can’t find it. Can you? So the next question has to be: when is someone going to challenge one of these signing statements in court? Remember when the Republican Party was the party of Law and Order?
I guess that depends upon what your definition of Law is.
From New York’s Daily News:
President Bush has quietly claimed sweeping new powers to open Americans’ mail without a judge’s warrant, the Daily News has learned.
The President asserted his new authority when he signed a postal reform bill into law on Dec. 20. Bush then issued a “signing statement” that declared his right to open people’s mail under emergency conditions.
That claim is contrary to existing law and contradicted the bill he had just signed, say experts who have reviewed it.
Bush’s move came during the winter congressional recess and a year after his secret domestic electronic eavesdropping program was first revealed. It caught Capitol Hill by surprise.
“Despite the President’s statement that he may be able to circumvent a basic privacy protection, the new postal law continues to prohibit the government from snooping into people’s mail without a warrant,” said Rep. Henry Waxman (D-Calif.), the incoming House Government Reform Committee chairman, who co-sponsored the bill.
And from The New York Times:
The White House said Thursday that President Bush was not claiming any new executive authority last month when he issued a statement suggesting that postal inspectors could open mail without a warrant in emergency circumstances.
Tony Snow, the White House spokesman, said the statement Mr. Bush issued in signing postal legislation was merely a restatement of existing law allowing mail to be opened without a warrant in “exigent circumstances” to protect public safety.
“All this is saying is that there are provisions at law for, in exigent circumstances, for such inspections,” Mr. Snow said. “It has been thus. This is not a change in the law. This is not new.”
The questions arose after The New York Daily News published an article on Thursday drawing attention to the Dec. 20 signing statement and legal questions surrounding it. The front page featured a photo of Mr. Bush alongside the banner headline: “Prez Goes Postal.”
Federal law, in keeping with the constitutional prohibition on unreasonable searches, generally prohibits the government from opening first-class mail without a warrant. But a 1996 postal provision allows postal inspectors to open mail without a warrant in narrow circumstances if there is credible evidence that a package contains a bomb or other dangerous material.
Then finally (for now) from The Washington Post:
President Bush signed a little-noticed statement last month asserting the authority to open U.S. mail without judicial warrants in emergencies or foreign intelligence cases, prompting warnings yesterday from Democrats and privacy advocates that the administration is attempting to circumvent legal restrictions on its powers.
A “signing statement” attached to a postal reform bill on Dec. 20 says the Bush administration “shall construe” a section of that law to allow the opening of sealed mail to protect life, guard against hazardous materials or conduct “physical searches specifically authorized by law for foreign intelligence collection.”
White House and U.S. Postal Service officials said the statement was not intended to expand the powers of the executive branch but merely to clarify existing ones for extreme cases.
“This is not a change in law, this is not new, it is not . . . a sweeping new power by the president,” spokesman Tony Snow told reporters. “It is, in fact, merely a statement of present law and present authorities granted to the president of the United States.”
But some civil liberties and national-security law experts said the statement’s language is unduly vague and appears to go beyond long-recognized limits on the ability of the government to open letters and other U.S. mail without approval from a judge.
Kate Martin, director of the Center for National Security Studies in Washington, said the government has long been able to legally open mail believed to contain a bomb or other imminent threat. But authorities are generally required to seek a warrant from a criminal or special intelligence court in other cases, Martin and other experts said.
“The administration is playing games about warrants,” Martin said. “If they are not claiming new powers, then why did they need to issue a signing statement?”
Yet another voice speaks up at Salon:
There was understandably little fanfare when, just before Christmas, President George W. Bush signed into law the Postal Accountability and Enhancement Act. But attached to this mundane postal legislation was a little-noticed presidential signing statement asserting the government’s power to open first-class mail without a warrant — technically, “an item of a class of mail otherwise sealed against inspection.”
The belated unearthing of this Dec. 20 signing statement was enough to prompt the New York Daily News Wednesday to trumpet on its tabloid front page, “PREZ GOES POSTAL — Outrage as Bush Claims New Powers to Open YOUR Mail.”
Not exactly. Interviews with law professors, postal officials, congressional aides and civil liberties advocates produced the consensus viewpoint that the government already possessed this limited letter-opening power under the 1978 Foreign Intelligence Surveillance Act (FISA). Asked about the signing statement, Rich Shaheen, national public information officer for the U.S. Postal Inspection Service, said, “Nothing has changed for us.”
Rather than a whitewash, Shaheen’s statement underscores a potentially more serious problem — how little is known about the current administration’s use of these long-established powers to monitor personal mail.
If President George Bush thinks that the Congress has overstepped its consitutional boundaries by limiting the constitutional powers of the executive branch then he needs to take it up with the Supreme Court. This signing statement crap has to stop.