Charlie Savage, who investigates the use of signing statements by President Bush, notices that they are continuing under Obama. Or at least he continues to make the claim that a President does not have to execute laws he believes are unconstitutional.
Some history from the article:
Since the 19th century, presidents have occasionally used signing statements to declare that parts of a bill were unconstitutional and need not be enforced or obeyed as written. But the tactic was rare until the second term of President Ronald Reagan, whose legal team developed a strategy of issuing the statements more frequently to increase presidential power.
Reagan’s successors continued that approach. And the practice escalated again under Mr. Bush, who used it to advance expansive theories of executive power. He challenged about 1,200 sections of bills — more than all predecessors combined — including a ban on torture and oversight provisions of the USA Patriot Act.
Mr. Bush’s assertive use of the tactic set off a national debate over its propriety. The American Bar Association declared that signing statements “undermine the rule of law and our constitutional system of separation of powers,” and argued that the Constitution gave presidents only two choices: veto a bill, or sign it and obey all of it.
But other scholars said the tactic was appropriate if a president cited only mainstream legal theories. Mr. Obama, whose advisers sided with the latter camp, has characterized Mr. Bush’s use of signing statements as an abuse and pledged greater restraint.
Mr. Obama nevertheless challenged dozens of provisions early last year. The last time was in June, when his claim that he could disobey a new law requiring officials to push the World Bank and the International Monetary Fund to adopt certain policies angered Congress. The White House sought to reassure lawmakers that it intended to take those negotiating positions anyway and was merely noting its view that Congress cannot control foreign negotiations. Many lawmakers rejected that theory, and the House quickly voted 429 to 2 to bar officials from disobeying the restrictions.
- Some background from Findlaw.
