Bush’s signing statements: out with the trash
Good sign, reported in the NY Times:
Calling into question the legitimacy of all the signing statements that former President George W. Bush used to challenge new laws, President Obama on Monday ordered executive officials to consult with Attorney General Eric H. Holder Jr. before relying on any of them to bypass a statute.
But Mr. Obama also signaled that he intends to use signing statements himself if Congress sends him legislation that has provisions he decides are unconstitutional. He pledged to use a modest approach when doing so, but said there was a role for the practice if used appropriately.
“In exercising my responsibility to determine whether a provision of an enrolled bill is unconstitutional, I will act with caution and restraint, based only on interpretations of the Constitution that are well-founded,” Mr. Obama wrote in a memorandum to the heads of all departments and agencies in the executive branch. The document was obtained by The New York Times.
Mr. Obama’s directions marked the latest step in his administration’s effort to deal with a series of legal and policy disputes it inherited from the Bush administration. It came the same day that Mr. Obama lifted restrictions Mr. Bush had placed on federal financing for research that uses embryonic stem cells.
Mr. Bush’s use of signing statements — official legal documents issued by a president the day he signs bills into law, instructing executive officials how to implement the statutes — led to fierce controversy.
Mr. Bush frequently used signing statements to declare that provisions in the bills he was signing were unconstitutional constraints on executive power, claiming that the laws did not need to be enforced or obeyed as written. The laws he challenged included a torture ban and requirements that Congress be given detailed reports about how the Justice Department was using the counter-terrorism powers in the USA Patriot Act.
Dating back to the 19th century, presidents have occasionally signed a bill while declaring that one or more provisions were unconstitutional. Presidents began doing so more frequently starting with the Reagan administration.
But Mr. Bush broke all records, using signing statements to challenge about 1,200 bill sections over his eight years in office — about twice the number challenged by all previous presidents combined, according to data compiled by Christopher Kelley, a political science professor at Miami University in Ohio.
Many of Mr. Bush’s challenges were based on an aggressive view of the president’s power, as commander-in-chief, to take actions he believed necessary to protect national security regardless of what Congress said in federal statutes…
