Of course, Congress cannot use it’s power of the purse to prevent the
president from carrying out his constitutional duties. The problem is
at this level we are dealing with foundational concepts of separations
of powers between the branches. And it has long been the case, that the
only way to get a clear ruling in a murky case like this, between
congress express plenary, or total power of the purse to run the
government, is through judicial branch, And they long loathed to
intervene and define these foundational powers of the other branches.
Especially on something this minor.
Bush, like everything else he did, took this sometimes low level
butting heads of congress and the executive branches way past any thing
that has occurred before, or at least recently, to violating every law
he didn’t like with signing statements, and also those in effect when he
took office.
The question of whether candidate Obama flip flopped from his promise
to not make SS’s like Bush. Well, yes, he did in this case. But context
and perspective relevant to the period before Bush when such matters
were fairly minor tiffs with congress, does matter. Candidate Obama, as
all candidates makes promises in the pol heat of the moment on the
campaign trail. Flip flopping on this one doesn’t bother me much, and is
not a need for a huge constitutional crisis, or a condemnation of Obama
for something that has happened for a long time before Bush on such a
minor political point made by the wingnuts passing this silly provision.
General Stuck