Did ya read it?
In each of the last three Administrations, the Department of Justice
has advised the President that the Constitution provides him with the
authority to decline to enforce a clearly unconstitutional law.(7)
This advice is, we believe, consistent with the views of the
Framers.(8) Moreover, four sitting Justices of the Supreme Court have
joined in the opinion that the President may resist laws that encroach
upon his powers by "disregard[ing] them when they are
unconstitutional." Freytag v. C.I.R., 111 S. Ct. 2631, 2653 (1991)
(Scalia, J., joined by O'Connor, Kennedy and Souter, JJ., concurring
in part and concurring in judgment).(9)
If the President may properly decline to enforce a law, at
least when it unconstitutionally encroaches on his powers, then it
arguably follows that he may properly announce to Congress and to the
public that he will not enforce a provision of an enactment he is
signing. If so, then a signing statement that challenges what the
President determines to be an unconstitutional encroachment on his
power, or that announces the President's unwillingness to enforce (or
willingness to litigate) such a provision, can be a valid and
reasonable exercise of Presidential authority.(10) And indeed, in a
recent decision by the United States Court of Appeals for the District
of Columbia Circuit, Federal Election Comm'n v. NRA Political Victory
Fund, supra, the court cited to and relied upon a Presidential signing
statement that had declared that a Congressionally-enacted limitation
on the President's constitutional authority to appoint officers of the
United States was without legal force or effect. Id. at * 11.
.....
On 2/8/07, Dana <[EMAIL PROTECTED]> wrote:
> and your link proves this????
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