President Bush Issues Signing Statement for the "Sudan Accountability and Divestment Act of 2007"

On December 31, 2007, the White House released a signing statement for S. 2271, the "Sudan Accountability and Divestment Act of 2007." The signing statement is available at the White House website or on this website. It is the 8th issued by the White House in 2007.

President Bush Issues Memorandum of Disapproval for the "National Defense Authorization Act for Fiscal Year 2008"

On December 28, 2007, the White House released a Memorandum of Disapproval announcing the President's intent to pocket veto H.R. 1585, the "National Defense Authorization Act for Fiscal Year 2008."  The GPO version of the same document appears at 43 WCPD 1641 (December 31, 2007). Various other documents relating to the veto appear in the December 28 listing of White House news items.

President Bush Issues Signing Statement for the Consolidated Appropriations Act, 2008

On December 26, 2007, the White House released a signing statement for H.R. 2764, the "Consolidated Appropriations Act, 2008." The signing statement is available at the White House website and on this website. It is the 7th issued by the White House in 2007. The signing statement was mentioned in the press statement of the same day. 

President Bush Signs "Improving Head Start for School Readiness Act of 2007" Into Law

On December 12, 2007, the White House released a document that appears to be a signing statement for H.R. 1429, the "Improving Head Start for School Readiness Act of 2007." I am reporting the document as a signing statement, contingent upon categorization of the document by the GPO's Weekly Compilation of Presidential Documents. The document is available at the White House website and on this website. Assuming that this is a signing statement, it is the 6th issued by the White House in 2007, and its content is rhetorical. 

Bush Vetoes Second S-CHIP Bill

On December 12, 2007, President Bush vetoed H.R. 3963, the "Children's Health Insurance Program Reauthorization Act of 2007."  The veto message appears on the White House website.  

President Bush Issues Signing Statement for the "Department of Defense Appropriations Act, 2008."

On November 13, 2007, the White House released a signing statement for H.R. 3222, the "Department of Defense Appropriations Act, 2008." You can see the signing statement at the White House website or on this website or as printed by the GPO's Weekly Compilation of Presidential Documents. This is the fifth signing statement issued in 2007, the fourth that pertains to an act of the 110th Congress, and the 153rd issued by President Bush.

Bush Vetoes the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008

On November 13, 2007, President Bush vetoed H.R. 3043, the "Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008."  The veto message appears on the White House website or is available from the GPO's Weekly Compilation of Presidential Documents. 
 

Bush Vetoes the Water Resources Development Act of 2007

On November 2, 2007, President Bush vetoed H.R. 1495, the "Water Resources Development Act of 2007."  The veto message appears on the White House website. This was President Bush's fifth veto. Congress overrode the veto on November 8.  

 PBS - Frontline - "Cheney's Law"

On October 16, 2007, PBS aired an edition of Frontline, entitled "Cheney's Law." The program details the assertions of expansive presidential powers advanced by key members of George W. Bush's administration, including Vice President Dick Cheney, David Addington (the primary author of the signing statements), John Yoo, and others.

"Cheney's Law" can be viewed in its entirety online at this link on PBS's website. Chapter 6 of the program deals directly and in depth with the signing statement for the Detainee Treatment Act, more commonly known as the McCain anti-torture amendment. Frontline has also posted a webpage dedicated to signing statements that is well worth visiting.

For over a year, my FAQs page has asserted that media coverage of signing statements has provided the public an easily understood but myopic and inadequate view of the larger efforts to expand presidential powers in recent years. The Frontline program does a good job of explaining the big picture -- placing signing statements in their proper context within the much larger efforts to embed the "unitary executive" theory in the legal  framework and popular understanding of American government. The Frontline program goes a long way towards explaining the consequences of the "unitary executive" for the United States Constitution, the citizens, and America's role and reputation in the world. 

Congressman Ron Paul (R-TX) Introduces Bill Concerning Signing Statements

On October 15, 2007, Ron Paul (R-TX) introduced HR 3835, entitled the ‘‘American Freedom Agenda Act of 2007,’’ the stated purpose of which is: "to restore the Constitution’s checks and balances and protections against government abuses as envisioned by the Founding Fathers." Among the topics addressed by the bill are: (1) repeal of the Military Commissions Act of 2006; (2) restoration of habeas corpus; (3) prohibiting torture and coerced confessions; (4) subordinating presidential power to gather foreign intelligence to the FISA Act (50 U.S.C. 1801 et seq.); (5) addressing extraordinary rendition. The foregoing list is not inclusive.

The bill also addresses presidential signing statements, providing in § 6:

The House of Representatives and Senate collectively shall enjoy standing to file a declaratory judgment action in an appropriate Federal district court to challenge the constitutionality of a presidential signing statement that declares the President’s intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional.

The GPO print of the full text of HR 3835 as introduced is available here.

For previous Congressional bills concerning signing statements, click here and here (110th Congress), and here (109th Congress).

CRS Report on Presidential Directives

In August, 2007, the Congressional Research Service updated its report "Presidential Directives: Background and Overview," which "provides an overview of the different kinds of directives that have primarily been utilized by 20th century Presidents." The report presents "background on the historical development, accounting, use, and effect of such directives." Presidential documents explained in the report include: administrative orders; certificates; designations of officials; executive orders; general licenses; Homeland Security presidential directives; interpretations; letters on tariffs and international trade; military orders; various National Security instruments; presidential announcements; presidential findings; presidential reorganization plans; proclamations; and regulations.

The Federation of American Scientists released the report to the public on October 12, 2007. The document can be viewed at the FAS website or here. 

President Bush Vetoes S-CHIP Bill

On October 3, President Bush vetoed H.R. 976, the "Children's Health Insurance Program Reauthorization Act of 2007." His veto message is available on the White House website. 

Update to the CRS Report on Presidential Signing Statements

On September 17, 2007, the Congressional Research Service (CRS) issued an update to its report, Presidential Signing Statements: Constitutional and Institutional Implications, Report for Congress RL33667 (updated September 17, 2007). The update is notable for several reasons, including: updated counts; the CRS's response to the GAO report on signing statements; adjustments to the CRS's comparisons of recent administrations' uses of signing statements; incorporation of findings from new empirical legal research by Neil Kinkopf concerning President Bush's signing statements; and revisions to conclusions. 

Detailed Index Linking Signing Statements to the Laws Objected to by the White House

In September of 2007, Neil Kinkopf, associate professor of law at Georgia State University College of Law and former special assistant in the Office of Legal Counsel at the Department of Justice, issued a list of "every provision of a law objected to by the White House in a signing statement [between 2001 and 2007], the reason for the objection, and a link to the relevant signing statement." The index is available for download at the website for the American Constitution Society for Law and Policy. Professor Kinkopf demonstrates that President Bush's signing statements challenge more than 1,000 provisions of federal law. This research provides a second independent academic count of the laws affected by the signing statements issued by President Bush. According to the ACS website, the new index is a companion piece to Professor Kinkopf's paper, Signing Statements and the President's Authority to Refuse to Enforce the Law, which addresses whether and when the President may refuse to enforce a law that the President regards as unconstitutional.
 

President Bush Issues Signing Statement for the "Honest Leadership and Open Government Act of 2007"

On September 14, 2007, the White House released a signing statement for S. 1, the ""Honest Leadership and Open Government Act of 2007." You can see the signing statement at the White House website or on this website. This is the fourth signing statement issued in 2007, the third that pertains to an act of the 110th Congress, and the 152nd issued by President Bush. 

President Bush Issues Signing Statement for the "America COMPETES Act"

On August 9, 2007, the White House released a signing statement for the "America COMPETES Act." You can see the signing statement at the White House website or on this website. This is the third signing statement issued in 2007, the second that pertains to an act of the 110th Congress, and the 151st issued by President Bush.
 

President Bush Issues First Signing Statement for an Enactment of the 110th Congress

On August 3, 2007, the White House Office of the Press Secretary released a signing statement for the "Implementing Recommendations of the 9/11 Commission Act of 2007." This document is the first signing statement issued by President Bush pertaining to an act passed by the 110th Congress. The signing statement is available on this web site (click here) or at the White House web site (click here).

CRS Report Discusses the Iraq AUMF and the Signing Statement for the AUMF

The Congressional Research Service, a nonpartisan research service that provides public policy and legal analyses to Congress, has recently updated a report addressing whether Congress has the constitutional authority to legislate limits on the President’s authority to conduct military operations in Iraq. The report also addresses whether an outright repeal of the Authorization to Use Military Force (AUMF) in Iraq would have any effect. The report provides historical and legal context for President Bush's statement upon signing the Iraq AUMF, and it addresses constitutional issues of separation of powers and oversight concerning use and direction of the military.

CRS Report for Congress RL33837: Congressional Authority to Limit U.S. Military Operations in Iraq (updated July 11, 2007) (source: Federation of American Scientists)

110th Congress: Bills Concerning Signing Statements

On 29 June 2007, Senator Arlen Specter (R-Pa) introduced legislation (S. 1747) in the 110th Congress concerning presidential signing statements. The text of the proposed legislation, as introduced, is available here. Senator Specter's press release concerning the bill is available here. Senator John Kerry (D-Ma) is now a co-sponsor.

On 16 July 2007, Representative Carol Shea-Porter (D-NH) introduced HR 3045 on the same topic. It appears to be identical to S. 1747.  The text, as introduced, is available here.

Senator Specter also sponsored a bill on presidential signing statements during the 109th Congress. More information about the prior bill is available here.

GAO Letter Opinion Addresses Presidential Signing Statements

On 18 June 2007, Senator Robert Byrd (D-WVa) and Representative John Conyers (D-MI) released a GAO letter opinion regarding "Presidential Signing Statements Accompanying the Fiscal Year 2006 Appropriations Acts." The report provides, in the opening summary:

This letter responds to your request that we examine the fiscal year 2006 appropriations acts and the President's accompanying signing statements to identify the provisions in the acts to which the President took exception and to determine how the President executed those provisions. We also examined how the federal courts have treated signing statements in their published opinions.

We found that in 11 signing statements the President singled out 160 specific provisions from the fiscal year 2006 appropriations acts. We examined 19 of these provisions to determine whether the agencies responsible for their execution carried out the provisions as written.1 Of these 19 provisions, 10 provisions were executed as written, 6 were not, and 3 were not triggered and so there was no agency action to examine.2 With regard to the use of signing statements by the federal courts, we found that they cite or refer to them infrequently and only in rare instances have relied on them as authoritative interpretations of the law.

GAO Letter Opinion B-308603, pg. 1 (June 18, 2007) (footnotes omitted). The entire letter opinion is available here.

Over the last year and a half, some commentators and legal scholars have asserted that public and political criticism about signing statements has been unwarranted. These commentators have argued that critics of signing statements have produced no evidence that executive branch agencies have actually failed to enforce any laws that have been subjected to signing statements. The GAO's findings should put that argument to rest.

The GAO opinion further provides, on page 9: "Although we found the agencies did not execute the provisions as enacted, we cannot conclude that agency noncompliance was the result of the President’s signing statements."

President Bush Issues Third Veto

On June 20, 2007, the President vetoed S. 5, the "Stem Cell Research Enhancement Act of 2007."  The President's veto message to the Senate is here. His statement to the press is here. To see the Statement of Administration Policy sent by the White House to Rules Committee of the House of Representatives prior to the veto, click here. The White House SAP sent to the Senate is here. Also on June 20, the President also issued an Executive Order entitled, "Expanding Approved Stem Cell Lines in Ethically Responsible Ways."

Congressional Research Service Updates Two Reports