Bush Abuses Signing Statements

President Bush has now used the tactic of “signing statements” 750 times. (Source: Boston Globe) A relatively rare tactic called the signing statement provides the President with the ability to offer nuance or pushbacks on legislation he signs into law. This rare tactic had only been used just over a dozen times in the history of the country until the 1980’s. Ronald Reagon used the signing statement to challenge 71 legislative provisions. Clinton used the tactic 105 times. So far, George Bush has used the tactic around 750 times!

It’s no accident that this practice became more widespread in the 1980’s. And just who came up with using this obscure method of challenging legislation in the 1980’s. Why, none other than Samuel Alito.

In a February 1986 draft memo, then Deputy Assistant Attorney General in the Office of Legal Counsel Samuel Alito laid out a case for the President to routinely issue “statements” about the meaning of statutes which he signs into law. (Source: WaPo)

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From WaPo:
Such "interpretive signing statements" would be a significant departure from run-of-the-mill bill signing pronouncements, which are "often little more than a press release," Alito wrote. The idea was to flag constitutional concerns and get courts to pay as much attention to the president's take on a law as to "legislative intent."

"Since the president's approval is just as important as that of the House or Senate, it seems to follow that the president's understanding of the bill should be just as important as that of Congress," Alito wrote. He later added that "by forcing some rethinking by courts, scholars, and litigants, it may help to curb some of the prevalent abuses of legislative history."

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No case illustrated just how pervasive the Bush administration has become with the usage of signing statements than the recent McCain Anti-Torture Bill signed into law. In signing the McCain Anti-Torture legislation into law, the President in effect said never mind or this doesn’t apply to me. Although the legislation was crystal clear in its meaning and intent, the president’s signing statement went on to read “The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch as Commander in Chief and consistent with the constitutional limitations on the judicial power.” Translation – If the President feels torture is warranted to protect the country he will violate the law and use torture. If the courts try to stop him he’ll ignore them too.

By using the tactic of a signing statement, Bush disallows Congress the opportunity to overturn a veto. In fact the last President to stay in office this long without issuing a veto was Thomas Jefferson. In fact, Bush is using the tactic of signing statements as if they were a line-item veto, which the Supreme Court ruled unconstitutional. (Source: FindLaw)

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The Boston Globe gives us some examples of Bush’s signing statements and just how they changed the intended legislation.

March 9: Justice Department officials must give reports to Congress by certain dates on how the FBI is using the USA Patriot Act to search homes and secretly seize papers.
Bush's signing statement: The president can order Justice Department officials to withhold any information from Congress if he decides it could impair national security or executive branch operations.

Dec. 30, 2005: US interrogators cannot torture prisoners or otherwise subject them to cruel, inhuman, and degrading treatment.
Bush's signing statement: The president, as commander in chief, can waive the torture ban if he decides that harsh interrogation techniques will assist in preventing terrorist attacks.

Dec. 30: When requested, scientific information ''prepared by government researchers and scientists shall be transmitted [to Congress] uncensored and without delay."
Bush's signing statement: The president can tell researchers to withhold any information from Congress if he decides its disclosure could impair foreign relations, national security, or the workings of the executive branch.

Aug. 8: The Department of Energy, the Nuclear Regulatory Commission and its contractors may not fire or otherwise punish an employee whistle-blower who tells Congress about possible wrongdoing.
Bush's signing statement: The president or his appointees will determine whether employees of the Department of Energy and the Nuclear Regulatory Commission can give information to Congress.

Dec. 23, 2004: Forbids US troops in Colombia from participating in any combat against rebels, except in cases of self-defense. Caps the number of US troops allowed in Colombia at 800.
Bush's signing statement: Only the president, as commander in chief, can place restrictions on the use of US armed forces, so the executive branch will construe the law ''as advisory in nature."

Dec. 17: The new national intelligence director shall recruit and train women and minorities to be spies, analysts, and translators in order to ensure diversity in the intelligence community.
Bush's signing statement: The executive branch shall construe the law in a manner consistent with a constitutional clause guaranteeing ''equal protection" for all. (In 2003, the Bush administration argued against race-conscious affirmative-action programs in a Supreme Court case. The court rejected Bush's view.)

Oct. 29: Defense Department personnel are prohibited from interfering with the ability of military lawyers to give independent legal advice to their commanders.
Bush's signing statement: All military attorneys are bound to follow legal conclusions reached by the administration's lawyers in the Justice Department and the Pentagon when giving advice to their commanders.

Aug. 5: The military cannot add to its files any illegally gathered intelligence, including information obtained about Americans in violation of the Fourth Amendment's protection against unreasonable searches.
Bush's signing statement: Only the president, as commander in chief, can tell the military whether or not it can use any specific piece of intelligence.

Nov. 6, 2003: US officials in Iraq cannot prevent an inspector general for the Coalition Provisional Authority from carrying out any investigation. The inspector general must tell Congress if officials refuse to cooperate with his inquiries.
Bush's signing statement: The inspector general ''shall refrain" from investigating anything involving sensitive plans, intelligence, national security, or anything already being investigated by the Pentagon. The inspector cannot tell Congress anything if the president decides that disclosing the information would impair foreign relations, national security, or executive branch operations.

Nov. 5, 2002: Creates an Institute of Education Sciences whose director may conduct and publish research ''without the approval of the secretary [of education] or any other office of the department."
Bush's signing statement: The president has the power to control the actions of all executive branch officials, so ''the director of the Institute of Education Sciences shall [be] subject to the supervision and direction of the secretary of education."
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Hasn’t President Bush declared himself the sole judge of his own powers? Doesn’t this eliminate the checks and balances that keep our country a democracy? Isn’t this moving the country toward unlimited executive power?