Sunday, April 17, 2011

President Obama, Who Decried Bush's Use Of "Signing Statements," Uses A Signing Statement To Keep His "Czars" Regardless Of Congressional Legislation

From Jake Tapper:

One rider [to the bill] – Section 2262 — de-funds certain White House adviser positions – or “czars.” The president in his signing statement declares that he will not abide by it.

“The President has well-established authority to supervise and oversee the executive branch, and to obtain advice in furtherance of this supervisory authority,” he wrote. “The President also has the prerogative to obtain advice that will assist him in carrying out his constitutional responsibilities, and do so not only from executive branch officials and employees outside the White House, but also from advisers within it. Legislative efforts that significantly impede the President’s ability to exercise his supervisory and coordinating authorities or to obtain the views of the appropriate senior advisers violate the separation of powers by undermining the President’s ability to exercise his constitutional responsibilities and take care that the laws be faithfully executed.”

Therefore, the president wrote, “the executive branch will construe section 2262 not to abrogate these Presidential prerogatives."



To read more from a law professor about the "serious constitutional question" this poses as a the threat to Congress's "power of the purse" visit http://volokh.com/2011/04/16/stripping-congress-of-its-power-of-the-purse/.

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