Signing statements make a comeback

Throughout his first six years in office, Bush had a habit of signing congressional legislation into law, but using “signing statements” to explain which parts of the law he didn’t feel like following.

Fortunately, the president curtailed the practice this year, sticking with the more traditional sign-or-veto approach embraced by his predecessors. That is, until recently. The Boston Globe’s Charlie Savage, whose award-winning coverage of the issue has been a journalistic highlight of the last seven years, has the story.

President Bush this month issued his first signing statement since the Democratic takeover of Congress, reserving the right to bypass 11 provisions in a military appropriations bill under his executive powers.

In the statement, which the White House filed in the Federal Register on Nov. 13 but which initially attracted little attention, Bush challenged several requirements to provide information to Congress.

For example, one law Bush targeted requires him to give oversight committees notice before transferring US military equipment to United Nations peacekeepers.

Bush also challenged a new law that limits his ability to transfer funds lawmakers approved for one purpose to start a different program, as well as a law requiring him to keep in place an existing command structure for the Navy’s Pacific fleet.

Bush thought enough of the bill to sign it into law, but not quite enough of it to obey the bill’s provisions. He’s picky that way.

Savage suggests Bush was almost restrained this time around.

By referring only to objections voiced in past documents, Bush’s new signing statement struck a less aggressive tone than those he issued during the years when his own party controlled Congress.

In the past, Bush’s assertion that he could bypass laws was backed by the invocation of broad theories laying out the scope of a president’s power to defy congressional statutes.

In a further sign that the White House adopted a muted tone, the new signing statement also said nothing about two higher-profile provisions in the bill that limit presidential power: One law prohibits the military from using foreign intelligence information that was collected illegally, and the other forbids expending funds to establish permanent US military bases in Iraq.

Bush only said he’d blow off some of the provisions he doesn’t like. I guess that’s progress.

Asked if the White House intentionally was toning down the attitude, spokesman Tony Fratto said shorter signing statements are “just easier.”

If there’s one thing these guys value, it’s convenience.

Too bad there wasn’t a two-party political system in this country to oppose this sort of Tyranny.

  • heck, i’d settle for a single spineful legislator who voted in the majority to file a decent court case. i’ve never understood how this practice doesn’t result in a lawsuit.

  • “…One law prohibits the military from using foreign intelligence information that was collected illegally, and the other forbids expending funds to establish permanent US military bases in Iraq.”

    Now just how do you keep from using foreign intell that was collected illegally? “The bases aren’t permanent. We plan on leaving them in about 50yrs”

    Someone in the administration does this for Bush as he’s not informed enough to do these things on his own. It wouldn’t happen so easily if more pressure were put on Bush for explanations to justify issuing signing statements.

  • Signing statements ought to have zero legal weight, particularly if they are contradict the plain language of the bills they are attached to. The constitution makes no provision for the President to legislate by fiat. Once the bill is signed, it’s law in its totality, not merely in the sections that the President likes.

  • I can appreciate his interest in shorter signing statements, rather than committing himself at length to lawbreaking in writing. After all, the “Vacation President” can’t afford to devote too much time to paperwork. Might be able to get in a spot of brush-clearing while harvesting the family Christmas tree.

  • Let the Congress adopt the same policy, stating categorically that, as the President has rejected various provisions of the Bill, that the Bill has not become a Law.

    Then—let the Congress withhold funding for that particular appropriation—and leave the chimp-in-chief swingin’ in the wind….

  • JimBob,

    You are making a massive assumption if you believe that the laws are plainly written. Most of the time they are very poorly research, badly written, and contradict other parts of the federal code.

    If Congress would actually take the time to write good legislation, it would be much harder to having signing statements. But when Congress leaves all of the heavy lifting to the executive brach to expand of their legislation, they open themselves up to signing statements and interpretation.

  • Where is the lawsuit so this practice can get struck down? Is it a “standing” problem – no harm, no foul, no basis for filing? Or what?

  • I’m with Zeitgeist. We really need someone to make a royal stink about this. I’ll never forgive Nancy Pelosi for taking impeachment off the table.

  • Signing statements do have zero legal weight, as a part of a law. But they’re an admission of wrongdoing, if he ever gets pulled up on charges.

    Still… I don’t see how the president can always tell Congress before loaning equipment to the UN (although isn’t that a Right-wing whine? We can’t help the UN! and all?) – as that seems kinda … who will know what needs to be lent until its needed?

    It’d be nice to see if someone comes and snaps at the Administration for holding talks about permanent bases they’re not allowed to spend money on. Hasn’t money just been spent, having the talks?

  • Remember: The impeachment of Clinton took impeachment off the table. Not Pelosi/Reid. There’s just no way for it to happen now.

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