Unconstitutional...? Let me count the ways...
Today, George W. Bush, a.k.a. Chimpy McPresident, signed the Military Commissions Act...20 DAYS after it was passed by Congress, and 18 DAYS after Congress was adjourned.
Why the emphasis on the timeline here? It's a matter of how the Constitution provides for the handling of bills once they are passed by Congress and sent to the President's desk.
Article 1, Section 7 of the U.S. Constitution, states:
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.
Only two days passed between the passage of the Bill for signing and the adjournment of Congress. Eighteen days passed between the time Congress adjourned and Bush's signing of the Bill. Under the provisions outlined in Article 1, Section 7 of the Constitution, this Bill was effectively vetoed, and cannot become law. Whether this was a deliberate calculation on the part of the Administration, or just another screw-up is moot. The law was null and void before Bush ever signed it.
Had this bill actually become law, it has the additional difficulty as outlined in Article 1, Section 9, Para 2:
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
To my knowledge, no rebellion or invasion has been demonstrated as grounds for suspending habeas corpus, which is the foundation for many other rights outlined in the Bill of Rights. Congress passed a bill which was unconstitutional from its inception, and exceeded its authority in this matter.
No matter how you slice it or dice it, this Bill is dead, and Bush, again, exceeded his authority by signing it into law today. If it is allowed to stand, despite these grossly unconstitutional provisions and circumstances regarding its signing, we can safely put the republic to rest, for it will be well and truly dead.
