Attack Update: May 3, 2007

  • The Radical: President George W. Bush
  • The Attack: In a White House memo, President George W. Bush threatens to veto what the memo calls the “constitutionally questionable” Local Law Enforcement Hate Crimes Prevention Act of 2007 (LLEHCPA) if it is passed.
    • Despite overwhelming bipartisan public and political support (68%) for the legislation, President Bush has threatened to veto the LLEHCPA after it receives bipartisan support in the House, passing by a vote of 237-180.
    • A White House memo expresses his belief that the LLEHCPA is “constitutionally questionable” stating that it is “not clear that sufficient factual or legal grounds exist” to uphold the law. The memo does not clarify this statement any further, but it seems to suggest that the LLEHCPA could not pass muster under the Commerce Clause, the basis of Congressional authority to pass the bill
  • The Significance: This would be news—if President Bush could justify his logic, given the frequency with which his administration’s policies have been deemed unconstitutional by the courts. The President’s “constitutional” objection is surprising, given that under his administration there has been an enormous increase in the number of federalized crimes. It would also be news if President Bush could explain why he believes that he should take on the role of final arbiter in determining the constitutionality of legislation. Last time we checked, the judiciary was responsible for determining the constitutionality of legislation. Chalk up this veto, if it occurs, to political pressure from radical conservative anti-GLBT groups, who continue to justify the use of violence against the GLBT community as a form of “speech.” Sixty-eight percent of the public is not buying it.