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December 18, 2008

QotD: Inventing even more unconstitutional Presidential powers

Even Americans whose knowledge of the legislative process is limited to the "I'm Just a Bill" episode of Schoolhouse Rock know about the veto: If Congress approves legislation the president doesn't like, he can refuse to sign it, in which case the law can be enacted only by a two-thirds vote of each chamber. President Bush's plan to aid the auto industry relies on a more obscure maneuver: If Congress rejects a bill the president likes, he can act as if the vote went the other way.

This maneuver, unlike the veto, is illegal by definition, not to mention unconstitutional, violating the separation of powers and the rule of law. But it is business as usual for Bush, who has shown no compunction about ignoring the law when it prohibits him from doing what he considers necessary in response to what he considers an emergency.

Jacob Sullum, Illegal Lending Practices: Bush's plan to help carmakers is not authorized by law", Reason Online, 2008-12-17

Posted by Nicholas at December 18, 2008 10:53 AM
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