{ "id": "RL33667", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33667", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 409680, "date": "2012-01-04", "retrieved": "2016-04-06T21:55:46.096293", "title": "Presidential Signing Statements: Constitutional and Institutional Implications", "summary": "Presidential signing statements are official pronouncements issued by the President contemporaneously to the signing of a bill into law that, in addition to commenting on the law generally, have been used to forward the President\u2019s interpretation of the statutory language; to assert constitutional objections to the provisions contained therein; and, concordantly, to announce that the provisions of the law will be administered in a manner that comports with the administration\u2019s conception of the President\u2019s constitutional prerogatives. While the history of presidential issuance of signing statements dates to the early 19th century, the practice has become the source of significant controversy in the modern era as Presidents have increasingly employed the statements to assert constitutional and legal objections to congressional enactments. President Reagan initiated this practice in earnest, transforming the signing statement into a mechanism for the assertion of presidential authority and intent. President Reagan issued 250 signing statements, 86 of which (34%) contained provisions objecting to one or more of the statutory provisions signed into law. President George H. W. Bush continued this practice, issuing 228 signing statements, 107 of which (47%) raised objections. President Clinton\u2019s conception of presidential power proved to be largely consonant with that of the preceding two administrations. In turn, President Clinton made aggressive use of the signing statement, issuing 381 statements, 70 of which (18%) raised constitutional or legal objections. President George W. Bush continued this practice, issuing 161 signing statements, 127 of which (79%) contain some type of challenge or objection. The significant rise in the proportion of constitutional objections made by President George W. Bush was compounded by the fact that his statements were typified by multiple objections, resulting in more than 1,000 challenges to distinct provisions of law. Although President Barack Obama has continued to use presidential signing statements, the Obama Administration has used the interpretive tools with less frequency than previous administrations\u2014issuing 20 signing statements, of which 10 (50%) contain constitutional challenges to an enacted statutory provision. \nThe number and scope of such assertions in the George W. Bush Administration gave rise to extensive debate over the issuance of signing statements, with the American Bar Association (ABA) publishing a report declaring that these instruments are \u201ccontrary to the rule of law and our constitutional separation of powers\u201d when they \u201cclaim the authority or state the intention to disregard or decline to enforce all or part of a law ... or to interpret such a law in a manner inconsistent with the clear intent of Congress.\u201d\nHowever, in analyzing the constitutional basis for, and legal effect of, presidential signing statements, it becomes apparent that no constitutional or legal deficiencies adhere to the issuance of such statements in and of themselves. Rather, it appears that the appropriate focus of inquiry in this context is on the assertions of presidential authority contained therein, coupled with an examination of substantive executive action taken or forborne with regard to the provisions of law implicated in a presidential signing statement. Applying this analytical rubric, it seems evident that the issues involved center not on the simple issue of signing statements, but rather on the view of presidential authority that governs the substantive actions of the administration in question. This report focuses on the use of signing statements by recent administrations, with particular emphasis on the Administrations of George W. Bush and Barack Obama.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33667", "sha1": "19302c37e335cb857adf9797d30b8030c4660805", "filename": "files/20120104_RL33667_19302c37e335cb857adf9797d30b8030c4660805.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33667", "sha1": "8e67dd21b7737fb5a72093f92955fd92ad2bb91b", "filename": "files/20120104_RL33667_8e67dd21b7737fb5a72093f92955fd92ad2bb91b.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 3413, "name": "Separation of Powers" }, { "source": "CongOpsList", "id": 4144, "name": "Presidential Action on Legislation" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc805160/", "id": "RL33667_2007Sep17", "date": "2007-09-17", "retrieved": "2016-03-19T13:57:26", "title": "Presidential Signing Statements: Constitutional and Institutional Implications", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070917_RL33667_d559d2dfc82bb1892aa1ee953cf988529388883c.pdf" }, { "format": "HTML", "filename": "files/20070917_RL33667_d559d2dfc82bb1892aa1ee953cf988529388883c.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc811309/", "id": "RL33667_2007Apr13", "date": "2007-04-13", "retrieved": "2016-03-19T13:57:26", "title": "Presidential Signing Statements: Constitutional and Institutional Implications", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070413_RL33667_4a415db8625d292911961750280dfaa1716a2e84.pdf" }, { "format": "HTML", "filename": "files/20070413_RL33667_4a415db8625d292911961750280dfaa1716a2e84.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs9564/", "id": "RL33667 2006-09-20", "date": "2006-09-20", "retrieved": "2006-12-05T12:33:14", "title": "Presidential Signing Statements: Constitutional and Institutional Implications", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20060920_RL33667_13ff4f36b2a42930a05a0d25b350a544446efb8a.pdf" }, { "format": "HTML", "filename": "files/20060920_RL33667_13ff4f36b2a42930a05a0d25b350a544446efb8a.html" } ], "topics": [ { "source": "LIV", "id": "Constitution", "name": "Constitution" }, { "source": "LIV", "id": "Legislative procedure", "name": "Legislative procedure" }, { "source": "LIV", "id": "Legislation", "name": "Legislation" }, { "source": "LIV", "id": "Bill drafting", "name": "Bill drafting" }, { "source": "LIV", "id": "Congressional-Presidential relations", "name": "Congressional-Presidential relations" }, { "source": "LIV", "id": "Presidential powers", "name": "Presidential powers" }, { "source": "LIV", "id": "Constitutional law", "name": "Constitutional law" }, { "source": "LIV", "id": "Congress", "name": "Congress" }, { "source": "LIV", "id": "Presidents", "name": "Presidents" } ] } ], "topics": [ "American Law", "Constitutional Questions", "Energy Policy", "Foreign Affairs", "National Defense" ] }