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Questions for Speaker Pelosi

Netroots Nation 2008

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jmhmail

jmhmail
Member since : Jul-07-2008 (Verified)
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Posted by jmhmail 07/07/2008 12:00 AM PDT
It is within the power of Congress to amend the Evidence Code and the Rules of Court to prevent lawyers from citing presidential signing statements in their pleadings, and prevent federal courts from giving them evidentiary weight. (As with a "decertified" decision of the California Supreme Court, they would be free to make the same arguments - they just can't mention that those arguments were in a signing statement.) Will you be seeking to enact such legislation in the near future?
Comments (2)Category/Tags : Issues: Domestic (121) signing statement abuse

Comments Posted

jmhmail
07/09/2008
It is totally appropriate for legislatures to determine the rules for allowing (or excluding) evidence. In California, for example, the entire Evidence Code is a set of laws passed by the state legislature.

Please note - this would not prevent lawyers or judges from reading presidential signing statements, nor would it prohibit lawyers from making the same arguments. Judges could use the same reasoning that in a Presidential signing statement if they found it persuasive. What they could NOT do would be to mention the source, or claim the presidential signing statement required the court to construe a law in a particular fashion.

Short version: presidents have veto power, and Congress has the ability to over-ride vetoes. Granting evidentiary weight to a presidential signing statement allows the president to in essence veto a bill without giving Congress its Constitutionally-mandated right to over-ride that de-facto veto. This should be banned.
jmhmail
07/08/2008
Could you also please add the Office of the Vice President explicitly, so that we don't hear the "neither executive nor legislative branch" excuse?
jmhmail
07/08/2008
It seems likely that the US Government patented cannabinoids so that they could file "roadblock" patent infringement actions against medical marijuana providers for the life of the patent. Ms. Speaker, will you propose legislation to force the government to issue low-cost licenses under this patent to anyone producing medicinal products based on that patent's claims?
jmhmail
07/08/2008
Now that so many criminal acts of the Bush Administration have come to light, such as torture and illegal wiretaps, have you considered putting impeachment hearings back on the table?
jmhmail
07/07/2008
It would also help GM, Boeing, and other US companies become more competitive in world markets. Currently, companies like Airbus don't need to factor employee health care costs into their pricing - Boeing does.
jmhmail
07/07/2008
Congress could certainly make this a requirement for federal elections, which would "trickle down" to state-only elections.
jmhmail
07/07/2008
Wouldn't Harry Reid be a better person to ask?
jmhmail
07/07/2008
What are the odds that if Barack Obama wins, George Bush pardons everyone in his administration, including Dick Cheney - and resigns one day before the end of his term so that newly-sworn in President for a day Dick Cheney can pardon former President Bush?

Activity Stream

Date Description
Jul-24-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
Jul-23-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
Jul-18-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
Jul-17-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
Jul-15-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
Jul-15-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
Jul-15-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
Jul-15-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
Jul-15-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
Jul-15-2008 Received Postive Feedback on Topic : Preventing Courts from considering Signing Statements
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