NEWS ABOUT SIGNING STATEMENTS

 

The hearing included HR 1258, the article of impeachment introduced by Rep. Dennis Kucinich (D-OH) in June, 2008. However, the hearing did not provide for a possibility of a vote on HR 1258. Rep. Kucinich discussed his article of impeachment against President Bush and the Committee hearing on C-SPAN.

Several witnessses addressed issues surrounding signing statements.

President Bush Vetoes Medicare Legislation

July 15, 2008:  President Bush vetoed H.R. 6331, the "Medicare Improvements for Patients and Providers Act of 2008." The veto message is available here.

President Bush Vetoes Second Farm Bill

June 18, 2008:  President Bush vetoed H.R. 6124, the "Food, Conservation, and Energy Act of 2008." The veto message is available here.

Rep. Dennis Kucinich (D-OH) Introduces Articles of Impeachment

June 9, 2008:   House Member Dennis Kucinich introduced a resolution (HR 1258) containing 35 articles of impeachment of President George W. Bush.  Article XXVI is entitled " Announcing the Intent to Violate Laws with Signing Statements, and Violating Those Laws." The full text is available at Rep. Kucinich's website. On June 11, the measure was referred to committee.
 

President Bush Vetoes the Farm Bill

May 21, 2008: President Bush vetoed H.R. 2419, the "Food, Conservation, and Energy Act of 2008." The veto message is available here.

New Bill Concerning Signing Statements Introduced in the 110th Congress

On May 8, 2008, Representative Walter B. Jones (R-NC) introduced H.R. 5993, the Presidential Signing Statements Act, the stated purpose of which is to "promote congressional and public awareness, understanding, and political accountability of Presidential signing statements."  Representative Jones's press release of May 12 is available here. The GPO print of the bill, as introduced, is available here.

Hearing on the Rulemaking Process and the Unitary Executive Theory

May 6, 2008: The House Judiciary Committee's Subcommittee on Commercial and Administrative Law held a "Hearing on the Rulemaking Process and the Unitary Executive Theory." Witness statements and a webcast of the hearing are available here.

Yoo Memo on Torture and the Unitary Executive Declassified

April 2, 2008: The Washington Post reports that a 2003 memo written by John Yoo, then Deputy Assistant Attorney General in the Office of Legal Counsel (OLC) of the Department of Justice (DOJ), was declassified and made public in response to a Freedom of Information Act request by the American Civil Liberties Union (ACLU). The memo, rescinded nine months after it was issued, sets forth a legal exposition of the theory of the unitary executive, asserting that the president has "complete authority over the conduct of war" and "plenary control over diplomatic relations."  Yoo argues that criminal laws do not apply to interrogations undertaken by the executive branch under the president's commander-in-chief powers and the president's "inherent constitutional authority to direct a military campaign against" terrorists and their allies. The memo also cites a still-unreleased DOJ OLC memo for the proposition that the 4th Amendment does not apply to military operations within the borders of the United States.

The PDF file of the memo is available at the Washington Post website and the ACLU website. The memo also appears on Senator Patrick Leahy's website: part one and part two.

In 2006, John Yoo explained his conception of the appropriate constitutional balance of power in an OpEd in the New York Times.

Candidates’ Stances on Signing Statements

Presidential Candidates 

Clinton: Marcella Bombardieri, Boston Globe: Clinton vows to check executive power, would curb use of signing statements (October 11, 2007)

 

McCain: Charlie Savage and James W. Pindell , Boston Globe: A tactic of Bush's on bills is assailed, McCain, others hit signing statements (November 20, 2007)

 

Obama: Charlie Savage, Boston Globe: Barack Obama's Q&A (includes this question: Under what circumstances, if any, would you sign a bill into law but also issue a signing statement reserving a constitutional right to bypass the law?) (December 20, 2007)

Congressional Candidates

Forty-eight candidates for the United States House of Representatives and four candidates for the Senate have endorsed a document entitled “A Responsible Plan to End the War in Iraq.” The Executive Summary of the document contains a section entitled “Restoring Our Constitution,” which states: 

Balance must be restored between the executive and the judicial branch (for instance through the restoration of habeas corpus), between the executive and the legislative branch (for instance through clarifying that the President does not have the Constitutional authority to unilaterally alter legislation through signing statements), and between the executive and the people of the United States (for instance by clarifying that the Fourth Amendment requires probable cause and a warrant for the government to spy on Americans).

(emphasis added). The full document is available at this website.

Sources are checked daily. This website was last updated 8/20/2008 at 5:45 am (Central)

© Joyce A. Green, 2006, 2007, 2008
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