Congress questions Bush's claims he can ignore laws he signs

WASHINGTON — The White House on Tuesday defended President Bush's prolific use of statements that tend to limit the impact of bills he signs into law, saying they help him uphold the Constitution and defend the nation's security.

"There's this notion that the president is committing acts of civil disobedience, and he's not," said Bush's press secretary Tony Snow, speaking at the White House. "It's important for the president at least to express reservations about the constitutionality of certain provisions."

Snow spoke as Senate Judiciary Committee Chairman Arlen Specter opened hearings on Bush's use of bill signing statements saying he reserves the right to revise, interpret or disregard a measure on national security and constitutional grounds. Such statements have accompanied some 750 statutes passed by Congress — including a ban on the torture of detainees and the renewal of the Patriot Act.

"There is a sense that the president has taken signing statements far beyond the customary purview," Specter, R-Pa., said.

"It's a challenge to the plain language of the Constitution," he added.

Democrats pounced, saying the signing statements are the latest example of the administration's expansion of executive power.

"I believe that this new use of signing statements is a means to undermine and weaken the law," said Sen. Dianne Feinstein of California. "If the president is going to have the power to nullify all or part of a statute, it should only be through veto authority that the president has authorized and can reject — rather than through a unilateral action taken outside the structures of our democracy."

A Justice Department lawyer defended Bush's statements.

"Even if there is modest increase, let me just suggest that it be viewed in light of current events and Congress' response to those events," said Justice Department lawyer Michelle Boardman. "The significance of legislation affecting national security has increased markedly since Sept. 11."

"Congress has been more active, the president has been more active," she added. "The separation of powers is working when we have this kind of dispute."

Specter's hearing is about more than the statements. He's been compiling a list of White House practices he bluntly says could amount to abuse of executive power — from warrantless domestic wiretapping program to sending officials to hearings who refuse to answer lawmakers' questions.