Friday, November 27, 2009

Opinion

Robert Schlesinger

Obama Uses Signing Statements, Though Maybe Not Like Bush. Sigh

March 12, 2009 05:30 PM ET | Robert Schlesinger | Permanent Link | Print

By Robert Schlesinger, Thomas Jefferson Street blog

Signing statements live on. I noted earlier this week that Barack Obama had nullified the "signing statements" that George W. Bush used 1,200 times (that's twice as many as the first 42 presidents combined) to unilaterally void sections of laws that he did not like. Now Obama has employed the same device.

In fairness, Obama had not renounced them entirely. And, the New York Times cites an NYU law professor as describing the issues Obama line-vetoed with his signing statements as being uncontroversial, low-key stuff. And only time will tell whether he abuses this "power" in the same way that King George (the Bush) did.

From the Times:

The Bush administration defended its use of signing statements as lawful and appropriate. The American Bar Association, on the other hand, condemned them as "contrary to the rule of law and our constitutional separation of powers," and called on presidents to stop using them.

Other legal specialists have argued that there is a role for the practice so long as presidents invoke only mainstream legal theories. They say Congress sometimes includes minor constitutional flaws in important bills that are impractical to veto.

"Other legal specialists" may be correct; but I tend to side with the ABA here. President should not be able to selectively veto portions of laws.

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Tags: Barack Obama | George W. Bush

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Reader Comments

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Re:1200 Signing Statements?

President Bush challenged nearly 1200 separate provisions in 171 signing statements. True, Bush issued fewer signing statements than his predecessors, but he was extremely efficient in his challenges--171 signing statements reaped 1,168 challenges--more than twice than all those before him.

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Robert Schlesinger is a deputy editor at U.S. News and World Report and oversees all opinion editorial content. He is the author of White House Ghosts: Presidents and Their Speechwriters.

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