President Bush knows he can get away with breaking the law because he enforces the law. That's why this is so important. Once the branch of the government that enforces the law is above the law, the other branches are irrelevant. Once they are irrelevant, the structure of the government shifts from a democratic system involving checks and balances to, in our case an elective dictatorship, which writes, interprets and executes the law. Congress is so embroiled in its own ethics issues and pointless partisan bickering that it has ignored the fundamental constitutional responsibility of holding the Executive Branch accountable to the American people. While Congress is away (unconscious), the President will play.
This brings to bear the Supreme Court decision in 'Clinton vs. City of New York' which found the line item veto power granted to President Clinton by Congress unconstitutional as it allowed the President to change law to fit his political agenda - surely this is a similar situation. Here is an excerpt from that Supreme Court decision:
In contrast, the Act at issue authorizes the President himself to effect the repeal of laws, for his own policy reasons, without observing Article I, sect;7 procedures. Second, the contention that the cancellation authority is no greater than the President's traditional statutory authority to decline to spend appropriated funds or to implement specified tax measures fails because this Act, unlike the earlier laws, gives the President the unilateral power to change the text of duly enacted statutes.
And here is Article 1, sect; 7
Section 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
Go here full a full transcript of the Constitution from Cornell Law
