Legal Commentary

Obama To Overturn Bush Laws and Orders He Finds Unconstitutional

By Jeralyn

Via Suburban Guerilla and Reuters:

During a fund-raiser in Denver, Obama — a former constitutional law professor at the University of Chicago Law School — was asked what he hoped to accomplish during his first 100 days in office.

“I would call my attorney general in and review every single executive order issued by George Bush and overturn those laws or executive decisions that I feel violate the constitution,” said Obama.

He'll overturn laws? What about the separation of powers? How can a President overturn a law passed by Congress?

Presidents issue exective orders. It's Congress that passes and repeals laws. Our courts decide the constitutionality of laws passed by Congress.

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From a reader e-mail:

Doesn't this sound exactly like Bush signing statements saying that Bush will not respect parts of the law because they were in his interpretation unconstitutional?

Is Obama saying his Administration will bring a lot of cases before the Courts -- or that he as President will not respect laws?

Doesn't the timeline -- the first 100 days--seem as if Obama means he himself will "overturn" laws passed while Bush was in office?

I'm going to give him the benefit of the doubt and assume he misspoke. What do you think?

Full post as published by TalkLeft on May 30, 2008 (boomark / email).