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Signing Statement Allows Cronyism to Thrive at FEMA

by TChris

The Constitution empowers the president to veto bills that the legislature enacts. It does not authorize the president to rewrite legislation. Untroubled by constitutional or legislative limits on executive power, President Bush again used a signing statement to explain his anticipated disobedience of the proposed law that Congress sent him.

The statement repeatedly asserts that Homeland Security Appropriations Act "purports to" do certain things. It "purport[s] to require congressional committee approval for the execution of a law." It "purports to direct the conduct of security and suitability investigations." It "vests in the President authority to appoint the Administrator, by and with the advice and consent of the Senate, but purports to limit the qualifications of the pool of persons from whom the President may select the appointee ..." The president claims that Congress can do none of these things.

Congress did not "purport" to do these things; Congress did them. If the president thought Congress passed an unconstitutional bill, he should have vetoed it. Can our strict constructionist president point to the constitutional language that permits him to ignore limits that Congress places on the executive powers that it enacts, or to deprive Congress of an oversight role in a law's implementation?

Charlie Savage at the Boston Globe explains how the president's power grab works to the detriment of FEMA, and of good government:

To shield FEMA from cronyism, Congress established new job qualifications for the agency's director in last week's homeland security bill. The law says the president must nominate a candidate who has "a demonstrated ability in and knowledge of emergency management" and "not less than five years of executive leadership."

Bush signed the homeland-security bill on Wednesday morning. Then, hours later, he issued a signing statement saying he could ignore the new restrictions. Bush maintains that under his interpretation of the Constitution, the FEMA provision interfered with his power to make personnel decisions.

The law, Bush wrote, "purports to limit the qualifications of the pool of persons from whom the president may select the appointee in a manner that rules out a large portion of those persons best qualified by experience and knowledge to fill the office."

The president has no use for legislation that would hinder cronyism. The best qualified people in Bush's world might not have relevant knowledge or experience, but they sure know how to raise funds for Republicans.

The president's assertion that Congress can't set qualifications for positions that it creates is bizarre.

Georgetown Law School professor Martin Lederman said Congress clearly has the power to set standards for positions such as the FEMA director, so long as the requirements leave a large enough pool of qualified candidates that the White House has "ample room for choice."

Are you surprised to learn that the signing statement wasn't made public during the fanfare surrounding the bill signing? Of course you aren't.

The press office posted the signing-statement document on its website around 8 p.m. Wednesday, after most reporters had gone home.

The president's brazen use of a signing statement to resist cronyism was quickly challenged by, of all things, a Republican. What a brave new world this is.

Senator Susan Collins, a Republican from Maine and chairwoman of the Senate Homeland Security and Government Affairs Committee, who has been one of the harshest critics of FEMA's performance during Katrina, yesterday rejected Bush's suggestion that he can bypass the new FEMA laws.

TalkLeft's commentary regarding signing statements is collected here. Essential reading: Neil Kinkopf's paper, "Signing Statements and the President's Authority to Refuse to Enforce the Law," available at the American Constitution Society.

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    Why can't [the new] Congress pass a law outlawing signing statements? Specifically, in two ways: 1. Making it explicit that signing statements are not part of the legislative record. 2. Making a signing statement prima face evidence of the President's deliberate intent to violate his oath if he ever fails to uphold the law (or violates it) in the way the signing statement suggests.

    Re: Signing Statement Allows Cronyism to Thrive at (none / 0) (#2)
    by yank in london on Sat Oct 07, 2006 at 08:48:09 AM EST
    Doesn't the real question come down to this; if the president doesn't wish to comply with congress how do they compel him to do so?

    Re: Signing Statement Allows Cronyism to Thrive at (none / 0) (#3)
    by cpinva on Sun Oct 08, 2006 at 12:07:06 PM EST
    Doesn't the real question come down to this; if the president doesn't wish to comply with congress how do they compel him to do so?
    i could be wrong, but i think that's what impeachment is intended to address.