Constitutional Law

President Issues Signing Statement Regarding Defense Authorization Act

According to Think Progress, President Bush issued a signing statement along with his signature on the 2008 National Defense Authorization Act, declaring his intention to ignore the text of the legislation "because it could inhibit the President's ability to carry out his constitutional obligations."

The article notes that Bush plans to ignore requirements to create a commission to probe contracting fraud in Iraq and Afghanistan, to expand protection for whisteblowers, to force intelligence agencies to respond promptly to Congress, to ban funding for permanent bases in Iraq, and to exercise control of Iraq's oil money.

ACS released an issue brief by Professor of Law Neil Kinkopf on "Signing Statements and the President's Authority to Refuse to Enforce the Law." Neil Kinkopf and Peter Shane also compiled an "Index of Presidential Signing Statements: 2001-2007. Watch video from ACS's 2006 National Convention plenary session on "Separation of Powers: Restoring the Balance Among the Branches" that includes a discussion of signing statements.

Full post as published by ACS Blog on January 30, 2008 (boomark / email).