Aloha and thanks for all the Fish

Talk about your naughty list!

When President Obama signed a budget bill on Friday, he issued a signing statement claiming a right to bypass dozens of provisions that placed requirements or restrictions on the executive branch, saying he had “well-founded constitutional objections” to the new statutes.

Among them, he singled out two sections barring the use of money to transfer prisoners from the naval base at Guantánamo Bay, Cuba, into the United States and limiting the ability of the government to transfer them to the custody or control of foreign countries. Mr. Obama said he would apply them in a way that avoided infringing on his powers, without any specific explanation of what that meant.

The signing statement includes all kinds of things.

President Obama said Friday he will not be bound by at least 20 policy riders in the 2012 omnibus funding the government, including provisions pertaining to Guantanamo Bay and gun control.

After he signed the omnibus into law Friday, the White House released a concurrent signing statement saying Obama will object to portions of the legislation on constitutional grounds.

Signing statements are highly controversial, and their legality is disputed.

“I have advised the Congress that I will not construe these provisions as preventing me from fulfilling my constitutional responsibility to recommend to the Congress’s consideration such measures as I shall judge necessary and expedient,” Obama said in a statement as he signed the bill into law.

The signing statement says that on the issue of accused terrorist detainees, Obama will interpret and apply provisions that bar the transfer of detainees from Guantanamo Bay, Cuba, “in a manner that avoids constitutional conflicts.”

Obama also objected to Defense provisions in the bill that limit the president’s ability to put troops under foreign command and require 30 days advance notice to Congress for any use of the military which would involve more than $100,000 in construction costs.

The president also objected to a section aimed at blocking health, climate, auto policy and urban affairs “czars” from being employed by the White House and a provision that bars health officials from advocating for gun control. The signing statement also objects to a portion of the omnibus that limits funding for the Copyright Office.

He also singled out 14 provisions that he said infringed upon his power to conduct foreign affairs. One, for example, cut off certain aid to Afghanistan unless it was making progress in reducing corruption and allowed women to consult on projects.

“I have advised the Congress that I will not treat these provisions as limiting my constitutional authorities in the area of foreign relations,” Mr. Obama wrote.

Signing statements were once obscure, but they became controversial under President George W. Bush, who used them to advance sweeping theories of his own powers and challenged more provisions, including a torture ban, than all previous presidents combined.

The right wing is screaming about the czars provisions but some of the other ones look more worrisome to me. But then, I’m not an adjunct constitutional law instructor. I’m hoping some of our lawyers will translate this for us.


6 Comments on “Aloha and thanks for all the Fish”

  1. Minkoff Minx says:

    Wow, that is something…

    I would have never know that if you didn’t post this Dak!

  2. northwestrain says:

    So when GWbushie did the signing statement thing — the Left was GASP horrified — why that damned dictator blah blah blah.

    Same excuses — same sighing statement that da Prez was just going to ignore chunks of the bill he just signed because he is — da Prez and he can do this because

    Absolute Power is evil — and mr dino aka passive aggressive is as corrupt as GW bushie.

  3. HT says:

    Am I an absolute ignoramus? Why would anyone sign a bill they didn’t agree with? Amazing what is happening in politics these days. Anyway, just finished peeling potatos for tomorrows feast and need to chop up the squash. Happy Christmas to all

  4. ralphb says:

    Merry Christmas to all and to all a good night!

  5. What can I say, except….this is appalling. What I want to know is, when is this sort of thing going to result in a Constitutional confrontation between Congress and the President?

    Happy Holidays, by the by. (I am going to make a point of using that phrase, just to tick off the red staters.)

    • Minkoff Minx says:

      When I want to tick off the red state fanatics, I used the phrase: “Merry Fucking Xmas”

      Really enjoyed your sad songs on today’s post btw…

      Like Dak, I am hoping some of our lawyers comment on this news. It is strange that Congress is letting Obama make all these questionable Constitutional policies. There is something is not right about it…very fishy indeed.