The oath of office required by the sixth article of the Constitution of the United States, and as provided by section 2 of the act of May 13, 1884 (23 Stat. 22), to be administered to Members, Resident Commissioner, and Delegates of the House of Representatives, the text of which is carried in 5 U.S.C. 3331:
I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
has been subscribed to in person and filed in duplicate with the Clerk of the House of Representatives by the following Members of the 107th Congress, pursuant to the provisions of 2 U.S.C. 25: ...
I predict President Bush will neither veto nor sign this bill, but instead call into question his Oath of Office and express a strong desire to make sure he upholds it. (REF YOUR COMMENT:if he calls a press conference to announce his decision, and the only people who are present with him at that time are Attorney General Ashcroft and Solicitor General Olson, then pay close attention to what is about to happen.) Thus, persuant to 2 U.S.C. 25, Bush will ask the Supreme Court to review this bill BEFORE he takes action. And as such:
BTW, I called the White House (PA comments office) two weeks ago urging the president to veto this atrocity. I told the voicemail machine that Bush would violate his oath of office if he signed it.
In short there cannot be, and will not be, any Supreme Court review until and unless Shays-Meehan becomes law, either because President Bush signs it, or as you suggest, allows it to become law without his signature by taking no action for ten days. I agree with you that immediate, preliminary review by the Supreme Court would be excellent, but I've read the cases in which that Court says it will not do that, on any issue, not just CFR.
What the President might do is more complex than that, but it heads in a similar direction.
Congressman Billybob