Presidential Signing Statements
Presidents have used "signing statements" to express their disagreement with bills for a long time. In a departure from tradition, President George W. Bush has used more than 100 signing statements to challenge more than 750 laws enacted by Congress that, in his opinion, interfere with his constitutional powers of the "Unitary Executive," and to indicate that as a result his office is not obliged to comply with them. Bush has use more signing statements than any previous President!
Examples of President George W. Bush's signing statements
At least three recent signing statements affect civil liberties, human rights, or both:
Opening private mail:
On December 20, 2006, the President's statement on H.R. 6407, the Postal Accountability and Enhancement Act, indicated that his administration may open private mail without warrants. Earlier in 2006, when Senator Patrick Leahy (D-VT) pointedly asked Attorney General Alberto Gonzales whether the President had the power to open mail, the AG's response was that he was only authorized to talk about the "Terrorism Surveillance Program" (the NSA warrantless wiretapping program).
- Read 1/4/07 article by James Gordon Meek, New York Daily News, Bush says feds can open mail without warrant
- Visit the blog of postal worker Jeffrey Richardson.
Refusing to report on PATRIOT Act uses:
A March 9, 2006, signing statement regarding the PATRIOT Act reauthorization (H.R. 3199) foreshadowed the executive branch's refusal to comply with requirements that it report to congressional committees or submit to audits of the Act's provisions.
- Read 3/24/06 article by Charlie Savage, Boston Globe, Bush shuns Patriot Act requirement
- Read 3/15/06 statement by Senator Patrick Leahy.
Exception to McCain torture ban:
A December 30, 2005, signing statement set forth an exception to the McCain amendment banning torture and inhuman and degrading treatment of detainees.
- Read 1/5/06 article by Charlie Savage, Boston Globe, 3 GOP senators blast Bush bid to bypass torture ban
Actions by Congress and Other Entities
On June 29, 2007, Senator Arlan Specter (R-PA) introduced new legislation aimed at preventing courts from using signing statements as a source of authority when interpreting statutes. The bill, the Presidential Signing Statements Act of 2007 (S 1747), would effectively keep the sigining statementns form having the force of law. You can read the text of the bill here.
On June 19, 2007, the Boston Globe reported on a Governmental Accountability Office study which found that in six out of nineteen bills accompanied by Presidential signing statements, the bills were not enfoced as written. Read the article here and the GAO report here.
As a result of the GAO report, Senator Robert Byrd (D-WV) and Representative John Conyers, Jr. (D-MI) are calling for more in-depth study of the effects signing statments. Read the article here.
On February 6, 2006, the Senate Judiciary Committee held an oversight
hearing on presidential signing statements. Read the transcript, Part
I, Part
II, Part
III, and Part
IV.
In August 2006, the American Bar Association passed a resolution on Presidential Signing Statements and the Separation of Powers Doctrine (PDF), declaring the president's signing statements an unconstitutional seizure of power.
September 20, 2006, Congressional Research Service issued a report: Presidential Signing Statements: Constitutional and Institutional Implications (PDF)
General articles on Bush signing statements:
6/19/07, Dahlia Lithwick, Slate.com, Look for the Sign: The Fallout from President Bush's Signing-Statement Spree
10/11/06, James Bovard, Lew Rockwell, Bush's Signing Statement Dictatorship
6/22/06, Elizabeth Drew, New York Review of Books, Power Grab
4/30/06, Charlie Savage, Boston Globe, Bush challenges hundreds of laws; President cites powers of his office
1/13/06, John W. Dean, FindLaw, The
Problem with Presidential Signing Statements: Their Use and Misuse
by the Bush Administration