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To: madison46
The 'Oath' argument begs the question 'If a president feels a law is unconstitutional, should he veto it?' What does seperation of powers got to do with his veto power?

Nothing except for the fact that the veto is not absolute. The veto may or may not survive his term if another president and another congress decide to pass and sign the same bill. As to your view of the "oath". If Bush or any president is in violation of their oath because they feel a bill is unconstitutional and signs it anyway then you can't stop there. If any president enforces existing laws such as the Brady Bill when they are on record as saying it is an infringement on the 2nd amendment then they are also in violation of their oath.

265 posted on 03/27/2002 6:54:50 PM PST by Texasforever
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To: Texasforever
wI think we're all missing the overall picture. Since W does NOT have the power of a line veto. The only way to get the better part of the law passed is for him to sign it. In a way the SCOTUS will act as a line veto by eliminating the part that is unconstitutional. The remainder will become law. Bush wins in overtime with a free throw!
267 posted on 03/27/2002 7:00:57 PM PST by hoosiermama
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To: Texasforever
Agree
278 posted on 03/27/2002 7:32:46 PM PST by madison46
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To: Texasforever
If any president enforces existing laws such as the Brady Bill when they are on record as saying it is an infringement on the 2nd amendment then they are also in violation of their oath.

If a President fails to enforce a law because he thinks it's may be unconstitional, then if the law in question was constititional he has just violated his oath of office. While you are correct that a President is duty-bound to refuse enforcement of statutes he knows for a certainty to be unconstitutional, a President is generally expected to yield such determinations to the Court.

By contrast, however, a President may freely veto legislation because he thinks it might be unconstititional, or because the copy before him is printed in an annoying typeface, or for any other reason, without risking violation of his oath of office. Because he is under no obligation to sign legislation, he is duty-bound to veto any legislation he believes is likely contrary to the Constitition.

337 posted on 03/29/2002 10:02:10 AM PST by supercat
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