ABA: Bush Unconstitutional

ABA: Bush Unconstitutional

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August 8 was a good day for America. It went under the radar, but the American Bar Association’s 550-member House of Delegates – the policy-making body that represents 400,000 ABA members (and includes true conservatives) – voted that it “opposes, as contrary to the rule of law and our constitutional system of separation of powers, the misuse of presidential signing statements by claiming the authority… to disregard or decline to enforce all or part of a law the president has signed, or to interpret such a law in a manner inconsistent with the clear intent of Congress.”

The delegates endorsed the unanimous findings of a bipartisan task force which had decried George Bush’s use of signing statements “as an unconstitutional power grab.” Bush has issued more than 800 challenges (more than all previous presidents combined) to provisions of passed laws, including whistleblower protection, protection of federally funded research from political interference, and the ban on torture.

This is an important step forward by a bipartisan, establishment institution. It signals widespread support for reining in an Executive branch run amok that imperils our Republic. This administration has demeaned our democracy. It’s high time to follow the lead of the ABA. Demand that every candidate for office this November commit to repairing the damage done to our system of checks and balances by the Bush administration.

We cannot back down

We now confront a second Trump presidency.

There’s not a moment to lose. We must harness our fears, our grief, and yes, our anger, to resist the dangerous policies Donald Trump will unleash on our country. We rededicate ourselves to our role as journalists and writers of principle and conscience.

Today, we also steel ourselves for the fight ahead. It will demand a fearless spirit, an informed mind, wise analysis, and humane resistance. We face the enactment of Project 2025, a far-right supreme court, political authoritarianism, increasing inequality and record homelessness, a looming climate crisis, and conflicts abroad. The Nation will expose and propose, nurture investigative reporting, and stand together as a community to keep hope and possibility alive. The Nation’s work will continue—as it has in good and not-so-good times—to develop alternative ideas and visions, to deepen our mission of truth-telling and deep reporting, and to further solidarity in a nation divided.

Armed with a remarkable 160 years of bold, independent journalism, our mandate today remains the same as when abolitionists first founded The Nation—to uphold the principles of democracy and freedom, serve as a beacon through the darkest days of resistance, and to envision and struggle for a brighter future.

The day is dark, the forces arrayed are tenacious, but as the late Nation editorial board member Toni Morrison wrote “No! This is precisely the time when artists go to work. There is no time for despair, no place for self-pity, no need for silence, no room for fear. We speak, we write, we do language. That is how civilizations heal.”

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Onwards,

Katrina vanden Heuvel
Editorial Director and Publisher, The Nation

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