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Obama proposes limits on presidential signing statements

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] US President Barack Obama issued a memorandum Monday that proposes to limit the use of attaching presidential signing statements which raise constitutional or other legal questions before bills are signed into law. The memorandum suggested parameters for the disregard of statutory provisions based solely on differences in policy, yet at the same time recognized the need to uphold the historical and legal significance of raising valid constitutional objections. Obama also noted the public criticism of presidential signing statements generated by the George W. Bush administration, and the memorandum states:To ensure that all signing statements previously issued are followed only when consistent with these principles, executive branch departments and agencies are directed to seek the advice of the Attorney General before relying on signing statements issued prior to the date of this memorandum as the basis for disregarding, or otherwise refusing to comply with, any provision of a statute.In addition, the memorandum set forth guidelines under which Obama will use signing statements, including communicating with Congress when practicable, acting with restraint and caution, clearly and specifically stating objections if they arise, and constructing statutory provisions to avoid constitutional problems only if they were legitimate. A report issued in 2007 by the US Government Accountability Office (GAO) said that Bush's use of bill signing statements had led to several instances where provisions of laws had been ignored in favor of the Bush administration's interpretation. Critics of the procedure, including Senate Judiciary Committee Chairman Patrick Leahy (D-VT) and ranking Republican member Arlen Specter (R-PA) have said that Bush's signing statements impermissibly intrude upon Congress's power to write and enact laws under Article I of the Constitution, which vests "ll legislative powers herein granted" in Congress. In 2006, the American Bar Association (ABA) criticized the practice as undermining congressional authority.

Full post as published by JURIST - The Paper Chase on March 10, 2009 (boomark / email).