WP: Congress v. Bush
By Dan Froomkin
Special to washingtonpost.com
Tuesday, July 25, 2006
As the United States wages war in the name of democracy, the question arises: What kind of democracy do we ourselves have in a time of war?
We may be getting a better idea if, as Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) is proposing, Congress grants itself the authority to sue President Bush over his "signing statements."...Specter's bill has the potential to spark a historic battle over the separation of powers....
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(Specter) noted yesterday's release of a report from an American Bar Association blue-ribbon panel, which concluded that Bush's signing statements undermine the rule of law and the constitutional system of separation of powers. He recalled the hearing that the Senate Judiciary Committee held on the subject a month ago.
And he announced: "During the course of the hearing before the Judiciary Committee, in my capacity as chairman, I made the request to Bruce Fein, who had been a lawyer in the Department of Justice during the Reagan administration, to take the lead and prepare legislation on the subject. Mr. Fein and my staff have been working on legislation. It is my expectation that, before the weekend, we will submit legislation to the Senate which will give the Congress standing to seek relief in the Federal courts in situations where the President has issued such signing statements and which will authorize the Congress to undertake judicial review of those signing statements, with the view to having the President's acts declared unconstitutional. That is our view as to the appropriate status of these signing statements."...
http://www.washingtonpost.com/wp-dyn/content/linkset/2005/04/11/LI2005041100879.html