Three reasons to vote for Obama even though he signed NDAA

[Nuclear Unicorn]

154. I was as "outraged" as any ridiculous charade could make me.

Bush's SS had no legal authority. He could not claim his interpretation was valid and make it the force of law. For him to pretend otherwise was the height of legal arrogance. If SS's were legally valid than there would not be anything wrong with Bush issuing them and acting upon them.

But that's the point: they AREN'T legal writ and he had no authority to issue them or act upon his own private interpretations. I would imagine if any particularly controversial provision came to a head in the courts Bush and his lot would be at a disadvantage arguing before the courts that they committed action X based on their private interpretation of Law Y. First, I would imagine the courts would take a dim view of having their constitutionally mandated role as interpretors of all things legal usurped. Then I would imagine they would interpret the law based on what they felt congress intended, not on what some cowboy wanted to do.

Now, I happen to ascribe different motives to President Obama. I do not believe him to be the reckless arrogant that was the previous administration. However, that doesn't mean he is unable to do the right thing poorly. Still, he is beset by the same problem: signing statements have no legal authority. Congress wrote what it wrote and the courts will -- assuming constitutional muster is passed -- interpret regardless of what Bush, Obama or any other president personally feels like enforcing.