Do "we, the people" have any recourse? [part 2]

A previous post discussed W's signing statements, and posed the question, "Do we have any legal recourse?"

A few others seem to be taking notice, and asking similar questions.

The wonderful Think Progress includes a post, Fein: Bush signing statement takes ‘Constitution backwards.', referencing Bruce Fein's Washington Times editorial, Power of the purse purloined?, which provides a relevant historical reference to provide context for the Framers' assignment of the "power of the purse" to Congress.

Crooks and Liars provides yet another relevant historical reference suggesting that impeachment is the appropriate remedy for this abuse of Executive power.

Finally a not-quite-perfect court case provides the beginnings of a precedent for voiding "signing statements."

Judge: Navy not exempt from sonar ruling
By ANDREW DALTON, Associated Press Writer
Tue Feb 5, 2008
LOS ANGELES - The Navy must follow environmental laws placing strict limits on sonar training that may harm whales, despite President Bush's decision to exempt it, a federal judge ruled Monday.

The Navy is not "exempted from compliance with the National Environmental Policy Act" and a court injunction creating a 12 nautical-mile no-sonar zone off Southern California, U.S. District Judge Florence-Marie Cooper wrote in a 36-page decision.
...
The president signed a waiver Jan. 15 exempting the Navy and its anti-submarine warfare exercises from a preliminary injunction creating the no-sonar zone. The Navy's attorneys argued in court last week that he was within his legal rights.
...
The judge also wrote that she has "significant concerns about the constitutionality of the President's exemption," but that a ruling based on constitutionality was not needed to reinstate the injunction.

Okay... the decision regarded a waiver granted by W to the Navy, not a signing statement... and the judge did not invoke Constitutional "separation of powers" arguments in the ruling...

BUT: The Government will almost certainly appeal the ruling. A higher court may yet be compelled to cite Constitutional "separation of powers" issues in rendering a final verdict. If such a finding is made, it'll put a visible crimp in the legality of "signing statements"!

I can dream!