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Obama rebukes Bush on signing statements

Posted by Foon Rhee, deputy national political editor March 9, 2009 06:19 PM

Rebuking his predecessor for the second time today, President Obama declared that he will not use "signing statements" to disregard parts of laws because he disagrees on policy grounds, but only when he strongly believes the provisions are unconstitutional.

In a presidential memo (read it here), Obama also ordered his top executive branch officials to seek advice from Attorney General Eric Holder about whether to enforce the hundreds of statements proffered by Bush that critics say he used to ignore bills properly passed by Congress and expand his power, particularly on national security.

"There is no doubt that the practice of issuing such statements can be abused. Constitutional signing statements should not be used to suggest that the president will disregard statutory requirements on the basis of policy disagreements," wrote Obama, who also overturned Bush's restrictions today on federal funding of embryonic stem cell research.

"I will issue signing statements to address constitutional concerns only when it is appropriate to do so as a means of discharging my constitutional responsibilities," Obama pledged.

The president also promised to "take appropriate and timely steps, whenever practicable" to let Congress know of his constitutional concerns about bills before they pass. He also said he would clearly lay out his constitutional objection in any signing statements he does issue; Bush was harshly criticized for issuing signing statements with vague reasons.

A series of stories in the Globe, which eventually won the Pulitzer Prize, journalism's highest honor, pointed out that Bush used signing statements to disobey hundreds of bills approved by Congress on a wide range of issues.

They emerged as an issue after he used such statements to suggest he could bypass a law on harsh interrogations of terrorism detainees, and a law requiring the FBI to tell Congress how it was using expanded police powers under the Patriot Act. Bush also issued them on a wide range of issues including affirmative action, immigration, whistle-blower protections, and safeguards against political interference in scientific research. The statements are official documents, recorded in the federal register, in which the president lays out his legal interpretation of a bill for the federal bureaucracy to follow.

During the presidential campaign, Obama blasted Bush for how he used signing statements, but reserved the right to issue them, himself, in a more restrained way. Republican presidential John McCain said he would not use them at all.

While the Bush administration firmly defended its use of the statements as lawful and appropriate, they generated a vigorous debate on Capitol Hill and legal circles. The American Bar Association passed a resolution urging Bush and future presidents not to "misuse" them to disregard laws, calling such statements "contrary to the rule of law and our constitutional separation of powers."

White House spokesman Robert Gibbs asserted today that Obama will return to the traditional way the statements have been used "for two centuries in order for presidents to make known constitutional problems with ideas that are in legislation without necessarily dealing a veto to the entire piece of legislation."

"I think the previous administration issued hundreds and hundreds of signing statements that specifically entailed ...that people disregard portions of legislation or the intent of Congress," Gibbs told reporters. "This president will use signing statements in order to go back to what has previously been done, and that is to enumerate constitutional problems ... but not ask that laws be disallowed simply by executive fiat."

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Thank God we finally have a President with enough brains to understand things, unlike the one who just used his brain as place to grow plaque. If only it were possible for Obama to completely erase the nightmare that was GWB's presidency.

Posted by George Istinkbush March 9, 09 05:37 PM
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"journalism's highest honor". There is no honor in "journalism", just hacks with agendas.

Posted by CamelJockey March 9, 09 05:37 PM
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If you think they are unconstitutional and are going to ignore it anyway, veto it.

I really don't understand this. His methods are the same as Bush's, just with a smoother veneer.

Posted by tony March 9, 09 05:44 PM
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Thank Goodness, finally an intelligent, educated man is in the office who intends to use the Constitution for more than just toilet paper like our last president did!!

Posted by Theresa Bingham March 9, 09 05:46 PM
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How ironic for Obama to question Bush given his own Executive Orders thus far!
Hospitals must perform abortions; stem cell research at will....

Talk about the stove calling the kettle...This will be a long presidency as he pummels our history and our relations with great allies such as GB...The London Times is already jumping all over his poor handling of Brown's visit last week...The excuse offered by his press office is Obama is not getting enough sleep! Maybe a little self discipline is in order; oh I forgot--this is his FIRST EXECUTIVE APPOINTMENT!

Posted by minnesox fan March 9, 09 05:54 PM
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A return to the rule of law. Thank goodness.

Posted by RetPoliceChief March 9, 09 06:11 PM
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Will the President also fulfill his campaign promise and statement as President to veto any appropriations bill with earmarks?

Posted by John Gallagher March 9, 09 06:13 PM
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one day obama is going to be repuked, in fact he already is in most parts of the counrty and soon the rest of the Ntion will tell him to take a long walk off a short bridge with teddy kennedy. obama lies will eat him up.

Posted by bobo March 9, 09 06:19 PM
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Thank you Mr. President. We finally got someone in the White House who actually knows something about the Constitution and shows respect for it too.

Posted by Patrick March 9, 09 06:20 PM
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Signing statements are the most undemocratic of acts in a democratic system. How President Bush was EVER permitted to issue these in defiance of the congressional process is utterly and completely beyond me.

Good God, did NOBODY else think this was a smack in the face for constitutional law??

Defend these and you defend every tyrant, dictator and autocrat who attempted to wrest the reins of power from their rightful place. Bush actions were disgraceful and most shameful.

Posted by Emlyn Addison March 9, 09 06:23 PM
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So who decides if there unconstitutional... judges...ha....a way left leaning congress...ha..... Maybe Bush ignored the laws that were jammed down his throat by the Dems like they are jamming all the long awaited social programs down ours now...no they would never do that right...they are good people...ha. I was not a Bush fan but my God we have swung so far left in less than 100 days makes Bushes 8 years seem like ages ago. Both parties need to be tossed......or better yet lets actually read the constitution and use it. Our fore fathers made a great document and we have amended it to complete unusefullness. A Govt big enough to give you everything you want is big enough to take away everything you have.

Posted by Thomas Jefferson March 9, 09 06:23 PM
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Obama's knowledge of the constitutional law and the fact that he taught it was part of why I voted for him. I had no idea that this type of thing was going on.

Posted by Tres Walters March 9, 09 06:30 PM
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President Obama is an expert on constitutional law, where as, President Bush is an expert on wild west Cowboy law. I rest my case.

W. R.Johnson

Posted by Winston R johnson March 9, 09 06:30 PM
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Could it be? A president making a move to LIMIT executive powers? If so, bravo!

Posted by Steve DeHaven March 9, 09 06:31 PM
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It is too bad President Obama has to spend so much of his time returning the country to democracy after Bush's 8 years of dictatorship.

Posted by C.W. March 9, 09 06:33 PM
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What is the point of blasting Bush?

Posted by Motoking March 9, 09 06:34 PM
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I'm so weary of him "rebuking" Bush. Just get on with it already.

Posted by Doug March 9, 09 06:38 PM
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Isn't it obvious that we claim other leaders as Dictators, in fact we had one The Barbarian Bush- Dictator

Posted by Truthforhumans March 9, 09 06:44 PM
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This is what the american people, with any since of right, wants our president to do,it's clear that the previous adm.didn't care about the rule of law,only power to abuse the law,thanks to Dick trying to make up for Nixon,now old George looks real bad,for history sake.

Posted by Wardell Dickerson March 9, 09 06:47 PM
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Bush used the US Constitution as toilet paper.
Thank goodness he is gone!

Posted by YWS March 9, 09 06:48 PM
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The Globe never prints anything it does not get permission to first, from Mama Times. You had better get Pinch's permission before posting this comment!

Posted by Ghost of Red Taylor March 9, 09 06:50 PM
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What was the last BID on ??E bay?? for Obama's seat, before the "watchdog" FEDS called a HALT to thst investigation? This signing order is small change compared to Politics as usual from Illinois to Washington. YOU AIN'T SEEN NOTHING YET!!!

Posted by Deane Paulson March 9, 09 06:52 PM
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Ob's tactics are just the same as GW's with the exception of the populace thinking that OB is better. He isn't. God help us from this socialist idiot. I am truly amazed but shouldn't be. The majority of his constituents are either flaming liberals or people who would accept a handout without actually deserving it. Neither vote takes into account the simple math. Good luck to you all and I trust that your desire to tax the hell out of the only rank of society that actually has drive works for you. Tax the people that actually have a brain and can make the free market society work for them. Tax those people that went to school and made something of themselves. Give handouts to the dopes and people who choose to ignore that free education our great country supplies. Tolerate slackers. People who use their race to get them handouts. Me, I choose to be racially unmotivated. Just do well and work hard. Oh, my award for that is to pay higher taxes.

Posted by Sick and tired of whoa is me March 9, 09 06:56 PM
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...I just wish one time I could read a post from someone that didn't vote for Obama and have it say something slightly intelligent.

Posted by Zach March 9, 09 06:57 PM
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We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness

Key word: CREATED

God help us, we've just become a nation of Dr. Mengeles and everyone thinks it's great.

Posted by The Great Falling Away March 9, 09 07:01 PM
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Thank God the Bush dictatorship is in our past. To " Tommy Jefferson" who sounds about 12 years old- read the Constitution before you make any more moronic statements. You are an embarrassment.

Posted by Timo March 9, 09 07:02 PM
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This is a step in the right direction where the founding fathers sought to limit the powers of the president in order to avoid trampling the "will of the people" as *should* expressed by congress.
I would like to hear an explanation as to why supposedly self-anointed conservatives did not oppose such an anti-conservative executive tactic as signing statements during the prior 8 years?

Posted by Free Thinker March 9, 09 07:02 PM
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Ah, rebuke the predecessor, but reserve the power to myself. Watch the number that our new President will have.

Posted by chris March 9, 09 07:08 PM
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Wow, some people are really ridiculous in this whole thing. I voted for him, however do not adore him or give blind adoration, but I am still waiting for him to do something worthy of praise. Nothing really substantive yet.

Regarding this issue the people who say he's doing the same thing as Bush are ridiculous. Go back and read the globe article. Bush basically ignored whatever he wanted out of many many bills. We don't have a king, we have a president and a series of checks and balances. Even if you are a Bush lover and Obama hater, instead of bashing Obama, go read the article and some of Bush's statements themselves. You should be able to put aside your bias to recognize that this is not a good thing for our political system. I would say this were bad no matter which parties controlled congress and the white house. I still think it's bad no matter how Obama uses it.

If you can't see this isn't about parties, then I'm sorry for you. Go back to just wildly boosting the candidate you support and bashing the other candidates without thinking about issues. In general this is a summary of the problems with politics - people just stick to their party and don't bother to OBJECTIVELY evaluate individual policies and issues. Bush is a God so his statements are fine, Obama is perfect so his are fine - NO, they aren't fine for any of them. ah, i shouldn't even bother, I already know I'm wasting my words..

Posted by Bill March 9, 09 07:13 PM
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I keep seeing some Republicans saying "Obama this" and "the rest of the nation that". Open your eyes - Obama has one of the highest ratings in HISTORY. 68% of people agree that he is doing a good job! your party has only a 27% approval rating.

He has already overturned a LOT of the damage that GW and the GOP did to this country and I can only hope that it continues. MAYBE we can even get out of this recession since now there will be a RESPONSIBLE government that doesn't just play sycophant to the super-rich.

I am sorry for the rational thinking Republicans that they are grouped together with this lot. For the rest of you - I can only wish that someday you open your eyes before you step in too much doggie doo doo.

Posted by Rhian March 9, 09 07:18 PM
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Sorry to folks on both sides...this is sam-o sam-o. Clinton used signing orders to get his way, Bush used signing orders to get his way, and now Obama is doing the same. By the way, this has been going on for a really long time on both sides. If you give someone a knife, they will eventually cut something, or someone. The rationalization that they should be used to overturn legislation of questionable constitutionality is absurd. Have the courage to use the veto. Have the intestinal fortitude to make a stand - publicly and loudly...Oh wait, I forgot, these are politicians who really only care about being in office... For most of you posters, this has nothing to do with Bush…or Obama… or any other singular president or party. This is simply abuse of power. Gloating and righteous indignation are a far cry from what is really needed to make this country work. If there is no intelligent discourse and a grasp of fact untainted by dogma and emotional reaction; no studied choice of action grounded in reality and absent special interests then we are all doomed to continue this same senseless cycle. I would have every American study the rise and fall of the Roman Empire. Those who refuse to learn from history are doomed to repeat it – and this all certainly looks like a rerun to me. Goodbye virtue and ethics and common sense. We will, and still, miss you.

Posted by Jay March 9, 09 07:18 PM
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Did you Obamma drones actually read the article? The Chosen One stated he would "question" Bushes use of these, but would use them himself. Is this change? Using Obumma drone logic: "when Bush uses signing statements, he's bad. When Chosen One uses them, he's good." Given the lack of intelligence it took to vote for the media creation, we shouldn't be surprised by their inability to read and understand the article.

Posted by sympathy March 9, 09 07:21 PM
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BUsh bashing? Are you serious? Fixing Bush's mistakes isn't bashing.
Perhaps if Bush did more in college than keg stands he may have had a better understanding of the Constitutional Law. As President, it's kind of important.

Dr. Mengeles? How's that?
Did you think because there were strict limits on stem cell research abortions stopped? Did you think people stopped donating their bodies to science?
Wake up! How many children have you adopted that weren't aborted and have no homes or people willing to take care of them? Well, tell us. How many?
Right.
Perhaps with more stem cell research they can find a cure for your hypocracy and narrow mined stupidity.

Posted by Aquanet2 March 9, 09 07:21 PM
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The Clueless One continues to fiddle while Rome burns. According to his mouthpiece, signing statements are used "...in order for presidents to make known constitutional problems with ideas that are in legislation without necessarily dealing a veto to the entire piece of legislation."

Now, despite botching the oath of office, Obama swore to preserve, protect, and defend the Constitution - so if he regards a law as unconstitutional, he is duty-bound to use a signing statement to disregard it until the USSC rules on the matter.

Of course, a cretin like Obama has no concept of duty or honor.

How is the economy doing, Obama? Job #1, remember?

Posted by Obama: Worst President Ever March 9, 09 07:33 PM
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obama doen't want to go back with budget because he is looking forward. obama doesn't want to look forward because it involves President Bush. obama is Pelosi's lap dog.

Posted by Big Jim March 9, 09 07:37 PM
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Nothing about the economy today. Good, that means he didn't screw it up more.

Posted by Big Jim March 9, 09 07:40 PM
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Politician’s games are better left not played.

Posted by Jamieson March 9, 09 07:52 PM
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Now we have a Constitutional scholar in the White House, not a power-hungry fool.

The Great Falling Away : See post #24 regarding intelligent posts. Anyone who believes what you've just written is simply not paying attention, or incapable of understanding what's actually been passed.

Posted by Dot March 9, 09 07:52 PM
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Istinkbush "GWB's presidency"
You must have just fell here from another planet 2 years ago and joined the rest of the "brain atrophy" nation formed by the media....anyone that knows the truth, knows that GWB inherited his mess form the Democratic Clinton/Frank team of miss-fits.
.....thank me later.
TWP

Posted by typicalwhiteperson March 9, 09 08:17 PM
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Obama better be careful when pointing fingers since he has already utilized several questionable signing statements. This sounds a lot like his criticism of the Bush's intelligence policies before he understood it, only to get into office and confirm that his administration would continue the policies.

Posted by BOstinks March 9, 09 08:38 PM
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#30 - Rasmussen's daily tracking poll has Obama's approval today at 56%. He's down 10 points since his inauguration, a stunning drop in so short a time. The % of those who strongly disapprove is nearly equal to the number of strongly approves. Obama's numbers are down all around.

And with good reason - Obama has been a DISASTER. By late summer Obama's approval will be in the high 30's/low 40's.

Just a matter of time. Drip, drip, drip, drip...

Posted by Obama: Worst President Ever March 9, 09 08:51 PM
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The primary task of government is to protect it's people from harm and the Bush administration did just that. Obama's spending of borrowed money is not intended to enable the great minds of this nation to create wealth will not protect this nation and in fact is making us increasingly vulnerable. This fantastic country is capable of creating great wealth - Obama and his followers should not bite the hand that feeds them.

Posted by jay d sharp March 9, 09 09:31 PM
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I haven't read all the comments, but I did read his memorandum. I think I might be missing something, but it seems more of a pledge than anything else. I guess that's all well and good, but does anyone else publish their goals and pledges in the Federal Register? I think I used to put them down in my day planner....before the Blackberry came around. That's it, I'm sending them in to the Federal Register. I might stick with them better that way. My other reaction to his memo was, "So what?"

Posted by Regards March 9, 09 09:34 PM
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for those of you criticizing Bush, you unfortunately took your anger out and now we'll all pay the price. Bush might have not been that smart but Obama is a very dangerous man. Obama wants to change the constitution and the foundation of what America was founded on

Posted by Curt March 9, 09 09:40 PM
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WOW... Need to know one thing Since Obama is SO tired.. will he be to tired to answer the 3 AM call.. and put it off untill 10am or so

Posted by JD March 9, 09 10:05 PM
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I never liked Bush as President even though I voted for him, and yes I can see why a lot of people voted for Obama because of the dismal presidency of George W. Bush. Now saying that I am getting tired of President Obama's put downs on the Bush administration, and would advise him to at least be a little bit more discreet about what he has to say on what Bush did or didn't do. This is the way Not to unite the country, or to get any bipartisan cooperation. Obama is looking a little to arrogant and well, quite full of himself, and not even two months into his administration. Like the old saying goes " Pride goth before the fall.

Posted by Ellen Dean March 9, 09 10:09 PM
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The best thing about the whole system is the only real talking that counts isn't on this bulletin board, it's in your vote, in this democracy. Bush people, you crammed stuff down the non-ultra conservatives throats for 8 years. Obama people, you're gonna cram stuff down non-centrist throats for years. Bushies, you had it good for 8 years being able to snub people who aren't ultra conservatives. Now you are crying that "liberals" are cramming stuff down you're throat. Get over it, you spoke with your vote, a majority of the country doesn't agree, accept it and move on. This is what you have to do each election. To sit around deride whichever party wins, yet be arrogant when yours loses is just being a sore loser. Obamies, you best remember what it felt like to get dumped on by Bushies cause we live in a see-saw political world.

Posted by NoOneisObjectiveAnymore March 9, 09 10:26 PM
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#38: Read this paragraph about opening your mouth and nothing of substance being heard.

However it is truly amazing how some people will complain that one president is an idiot for not being a constitutional law genius (when he received a graduate degree in business not law) but the other president who IS a constitutional law genius (because he went to law school) does the same thing with a spin on it and its suddenly okay. The Jews have a word for it: Chutzpah

Posted by dave March 9, 09 10:30 PM
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Bashing Herbert Hoover didn't fix the economy.

Posted by Sammy March 9, 09 10:31 PM
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It be interesting to see what the president does when the clearly unconstitutional bill on giving DC a voting congress-person reaches his desk..

Posted by Fred R March 9, 09 10:32 PM
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Frontline did a great show on these signings. Talk about shady...!!!! These things were signed at night, before holidays and times when Congress were not around. Never have so many lawyers been used to get around what Congress and the people voted on. I hope Bush and his administration (esp Dicky Chenney) get to see how history, the world and the nation rate them as a 100% disaster. Wait, Bush DID move daylight savings a bit after Halloween! Guess he did something good in 8 years. What a DISASTER he was...

Posted by Terry March 9, 09 10:51 PM
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George Istinkbush:

Thank who? Thank Obama.

Posted by Language Usage Guru March 9, 09 10:57 PM
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All of you on here talking about the "dictatorship" of Bush are idiots at best and barely functioning communist retarded stooges most likely. If we truly lived in an unConstitutional "dictatorship" as you claim, why weren't the entire MSM, Dems in Congress, and celebrities who viciously criticized Bush for 8 years rounded up and executed like they do in dictatorships? Oh, because IT WASN"T A F**KING DICTATORSHIP! Yet we have Obama and the communist-controlled Congress wanting to stifle tough questions they don't want to answer and censor talk radio (what, controlling EVERY major newspaper and EVERY TV news channel except one, not to mention all of the universities and public schools, aren't enough?)

Irony....lost on the left since 1917...(and counting)

Posted by DrAJA March 9, 09 11:15 PM
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This was one of Bush's most annoying, blatantly counter-constitutional [like that? workin on a few others...] habits. Bush felt he was above the law, and he ruined the standing of the oval office.
He's gone. He's gone.
Obama has taken a tremendous step towards restoring the integrity of the Executive Branch.
Cheers.

Posted by archicello March 9, 09 11:20 PM
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Bush bankrupted the country to make his friends rich by launching an unnecessary war that's killed one million Iraqis and 4000 Americans. He should be arrested, tried, and convicted for treason. The most patriotic thing I ever did for my country was vote for Obama.

Whenever I'm feeling down I just close my eyes and repeat, 'The Nightmare is over, Bush is finally gone," and I feel better immediately.

Posted by Biscuitboy March 9, 09 11:29 PM
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Thank God Obama will turn back the renegade policies of the pathetic and morally corrupt Bush administration.

Posted by Harold March 9, 09 11:33 PM
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Huh? So this weak ineffective Obama is going to use signing statements also. BUT...oh my....he says he will use it "only when appropriate". What tripe. And the Globe falls for it as well as the Socialists Kool-Aid drinkers.
Please, Obama failed presidency is undisputable before we reach 100 days! The stocks continue to tumble and Obama's Socialist give-away is not based in intelligent fact but myth.

Posted by Wealthy Man March 9, 09 11:43 PM
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#33 >

Interesting that you attack me personally rather than debate what the Declaration of Independence says when it uses the words: created, rights, and life.

Dr. Mengele justified his experiments by first declaring his Jewish subjects to be non-human. Is America immune from doing evil in the name of good? Is anyone?

Call me stupid if you need to make this personal, but I don't need to rely on a lawyer for my moral leadership.

Posted by The Great Falling Away March 10, 09 10:48 AM
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