Thursday, January 3, 2008

This Year's First Absurd Legal Argument?

Apparently there is much debate right now over Bush's claim of a pocket veto on the Defense Bill that happened during the holidays.
Article I, section 7 of the Constitution says that the president must sign or veto legislation passed by Congress within ten days (not counting Sundays). If he signs it, it becomes law. If he vetoes it, then Congress can override his veto with a two-thirds majority in both houses. And if he does not sign or veto it while Congress is in session, it becomes law. But if Congress is not in session and he doesn't sign it, then it neither becomes law nor can Congress override it. The bill is dead. That's a pocket veto.

The issue comes into play because the Senate WAS in session, but the administration is attempting to claim that it sent the bill back to the HOUSE where it was originally created which wasn't in session and as such created a pocket veto. Right about now the administration looks like Gregory Hines surrounded by land-mines.

Of course the Democrats are calling bullshit on this maneuvering.
Congress vigorously rejects any claim that the president has the authority to pocket-veto this legislation, and will treat any bill returned to the Congress as open to an override vote,” said Nadeam Elshami, a spokesman for Pelosi. He said the Speaker is keeping all legislative options on the table.
Now this could end up in the courts, where it could go either way but I doubt the administration would want to fight it there as it could be too risky. I just find it amazing that once again they're trying some bullshit and expect us not to see it. I know many of us have our doubts about some of the voters out there, but enough of us have seen the kind of douchebaggery this administration and party has done the last eight years, this surely can't continue in the next election...right?

No comments: