News About Signing Statements
New York Times Article Concerning Obama's Use of Signing Statements
Charlie Savage, winner of the Pulitzer Prize for his reporting on George W. Bush's use of signing statements, has published an article suggesting that Obama's approach to signing statements "will make it harder to keep track of which statutes the White House believes it can disregard, or to compare the number of laws challenged by President Obama with former President George W. Bush’s record."
The article includes a quote by Ben LaBolt, a White House spokesman, indicating that when the Obama administration voices objections to a bill prior to its passage, it may conclude it's not necessary to duplicate those views in a signing statement.
The article, "Obama Takes New Route to Opposing Parts of Laws," is available on the NYT website.
Counts of Obama's Signing Statements, Comparison to Bush
N.B.: The following is only a quantitative analysis of Obama's use of signing statements from his inauguration through December 31, 2009. Readers should remember that the controversy surrounding George W. Bush's signing statements was as much about how Bush used signing statements as about how many he issued. In particular, the Bush signing statements were expressly founded on a controversial legal theory called the "unitary executive." As advanced by many Bush officials, the unitary executive theory was regarded by many legal scholars and journalists as an expansion of presidential authority. Some argued the theory was used both to improperly alter the balance of power between Congress and the Executive branch and to embed a vastly expanded view of presidential power in the popular understanding and legal framework.
Early in his administration, Obama issued a memorandum outlining his views on the use -- and abuse -- of signing statements. I look forward to the qualitative analyses of Obama's use of signing statements that are sure to appear in the next year. I hope that scholars and journalists will address: (a) whether Obama has adhered to the principles set forth in his March 9 memorandum; (b) how Obama's use of signing statements compares to previous administrations; and (c) whether Obama's signing statements comport with defensible views of the balance of power among the three branches of government.
The quantitative analysis follows:
Obama: Between his inauguration and December 31, 2009, President Obama issued eight signing statements for seven Congressional enactments. Three of Obama's signing statements were rhetorical. In his five constitutional signing statements, Obama objected to 14 named provisions. The statements also contained three references to unnamed provisions. In total, Obama raised 17 objections.
Bush: Between his inauguration and December 31, 2001, President Bush issued 24 signing statements for 24 Congressional enactments. Ten of Bush's signing statements were rhetorical. In his 14 constitutional signing statements, Bush objected to 17 named provisions. The statements also contained six references to unnamed provisions. In total, Bush raised 23 constitutional objections.
Summary
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Details underlying my counts are available both for Obama and for Bush.
* I counted each objection to a named section within an act as one objection. If an objection named both a section and a subsection within the same section, I did not count the subsection as a separate objection.
** A single sentence or paragraph within a signing statement that objected to "several," "numerous," or "certain" provisions of an act was counted as a single objection.
NYT Article Concerning Obama's Use of Signing Statements
Charlie Savage, winner of the Pulitzer Prize for his coverage of George W. Bush's use of signing statements, has published an article concerning Obama's use of signing statements and Congressional reactions: Obama’s Embrace of a Bush Tactic Riles Congress (New York Times, August 8, 2009)
House Members Send Letter to Obama Concerning Signing Statements
7/21/2009 - Four Democratic members of the House of Representatives (Barney Frank (Mass.), David Obey (Wis.), Nita Lowey (N.Y.), and Gregory Meeks (N.Y.)) have sent a letter to President Obama concerning his use of signing statements.
Roll Call: House Chairmen Warn Obama on Signing Statements
Associated Press: Democrats challenge Obama signing statement
CQ Politics: Obama Following Bush Example, Democrats Complain
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