Signing the Constitution away

AZ Senator and Presidential hopeful John McCain said the following on Presidential Signing Statements,

Never, never, never, never. If I disagree with a law that passed, I'll veto it.

Wow. Excellent. Music to my cynical ear (the other ear is quite the optomist-its a good thing they can't reach each other. Ooh boy do they not get along). Respect for the Constitution and Separation of Power. Glad someone was paying attention in Civics Class (of course, he's the only candidate that was around for the actual signing of the Constitution. Wham-POW)(In fact, I think Counting Crowes played their last hit single that day, "Shaketh Thoust Shilling Maker"-Uh Oh, double Wham-POW).

Anyway, what's great about this comment is that it directly affects something a President may or may not do. So its a "legit" topic. Mr McCain declared that he would not use them. If you're against signing statements, then this is a real, direct reason to vote for Mr McCain. If you're for them, then this is a real, direct reason not to. I love it when Presidential politics addresses something a President can actually do/not do.

So let's see what the Democratic hopefuls say.

Mr Obama?The problem with this administration is that it has attached signing statements to legislation in an effort to change the meaning of the legislation, to avoid enforcing certain provisions of the legislation that the President does not like, and to raise implausible or dubious constitutional objections to the legislation," Obama answered. But, he added: "No one doubts that it is appropriate to use signing statements to protect a president's constitutional prerogatives." (italics mine). First, I doubt that its appropriate. Second, I'm confused (but I'm also "no one" so it shouldn't really shock you). As I read it, Mr Obama thinks signing statements are wrong when President Bush uses them, but ok if he does. "Implausible or dubious constitutional objections..." Who decides? Mr Obama? Sounds to me like "this power is bad when you use it but good when I do." No thank you, I've had my fill of that for eight years. I'm pulling a "mom." I'm taking signing statements away from all of you. You'll put your eye out. Anyway, more "I'm not taking a stand" words from Mr Obama. Alert the media!

How about you Mrs Clinton?

I would only use signing statements in very rare instances to note and clarify confusing or contradictory provisions, including provisions that contradict the Constitution. My approach would be to work with Congress to eliminate or correct unconstitutional provisions before legislation is sent to my desk.

OK, so Mrs Clinton is a supporter of "The Executive Branch Determines Constitutionality" theory of Separation of Power from the rare "Two Branches of power" school of Constitutional Scholarship. So here too, Mrs Clinton is a fan of Signing Statements. And here too, Mrs Clinton loses rungs on my Presidential Vote Ladder.

Again, here's my understanding of the idea behind Separation of Power. Congress makes the law, the Executive Branch executes the law, and the Legislative Branch establishes Constitutionality of the law. If a provision comes to the desk that the White House deems Unconstitutional, the President, having sworn to uphold said constitution, is duty bound to veto that sucker. If Congress exercises it's right to override, then the President can take the issue before the Supreme Court for judgment. Unconstitutional? Its struck down. Constitutional? The Executive Branch is duty bound to enforce said law. Its all very clear and simple. There is simply no need for Signing Statements and supporting them is just plain wrong. It's a blantent attempt to solidify power and inherently against our Country's best interest.

McCain is right on this one. Exactly right in my book. Too bad I don't trust the guy. If the "conservatives" pushed him on this, I fully expect a flip/flop. See this post as to why.

The problem is that the Democrats are in the wrong camp. Much as one expects, after years of complaining, when the chance arises to actually do something about the wrongs they wail against, they hedge and falter.

My life in the "the only ones taking stands are taking the wrong ones" world of modern politics continues to devolve.