A “Signing Statement” is a written comment issued by a President at the time of signing legislation. Often signing statements merely comment on the bill signed, saying that it is good legislation or meets some pressing needs. The more controversial statements involve claims by presidents that they believe some part of the legislation is unconstitutional and therefore they intend to ignore it or to implement it only in ways they believe is constitutional. Some critics argue that the proper presidential action is either to veto the legislation (Constitution, Article I, section 7) or to “faithfully execute” the laws (Constitution, Article II, section 3).
NO. Several sources trace “signing statements” back to James Monroe. Interesting early statements that include discussions about presidential doubt about legislation and the issue of how the president should proceed are found from Andrew Jackson, John Tyler, James K. Polk, and Ulysses Grant. A brief overview can be found in the ABA Task Force cited below. Monroe’s messages did not look like what are today considered “signing statement.” Rather he informed Congress in a message January 17, 1822, that he had resolved what he saw as a confusion in the law in a way that the thought was consistent with his constitutional authority.
In an article published on April 30, 2006, the Globe wrote that “President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office.” In a clarification issued May 4, 2006, the Globe noted that Bush had not really challenged 750 bills (which would have implied 750 signing statements), but “has claimed the authority to bypass more than 750 statutes, which were provisions contained in about 125 bills.”
No, Bill Clinton issued many more signing statements. The controversy was about the kind of signing statements Bush issued.
In one frequently used phrase, George W. Bush has routinely asserted that he will not act contrary to the constitutional provisions that direct the president to “supervise the unitary executive branch.” This formulation can be found first in a signing statement of Ronald Reagan, and it was repeated several times by George H. W. Bush. Basically, Bush asserts that Congress cannot pass a law that undercuts the constitutionally granted authorities of the President.
In our search function for all presidential papers, search on: “my constitutional authority” OR “unitary executive”. This will return about 250 documents. Most of them, from Ronald Reagan to the present are signing statements—but there are several veto messages sprinkled among them.
In July 2006, an ABA “Blue Ribbon Task Force”—not “The ABA”—found that these presidential assertions of constitutional authority “undermine the rule of law and our constitutional system of separation of powers.”
An important legal statement in support of the use of signing statements was developed by Bernard Nussbaum, Counsel to President Clinton in 1993 (i.e. while the Democrats still had Congressional majorities). Nussbaum stated that the Department of Justice had advised three prior presidents that the Constitution provided authority to decline to enforce a clearly unconstitutional law. View 1993 memo. .
FAQS About Signing Statements click a question to see the answer
What are presidential signing statements?
Other Sources Providing Definitions of Signing Statements
Where can I find presidential signing statements?
The White House Website
Government Printing Office Publications
Guide from the University of Chicago
Where can I find signing statements issued before 2001?
The Daily and Weekly Compilation of Presidential Documents: 1993 to present
How many signing statements has President Biden issued?
How many signing statements did Trump issue?
How many signing statements did President Obama issue?
How many signing statements did George W. Bush issue?
Counting Methods
Number of Signing Statement Documents
Number of Laws Affected by Signing Statements
But I heard that Bush issued 750 (or 1200) signing statements...
Why was the number of Bush's signing statements controversial?
Brief History of the Controversy
Congressional Research Service
Did George W. Bush issue more signing statements than all previous presidents combined?
Summary Answer
The CRS Approach: Constitutional Objections
Other Reports of Importance
Who drafted signing statements for President Bush?
The OMB and Justice Department
Statements of Administration Policy
Why was Bush's use of signing statement controversial?
Intro
Separation of Powers, Rule of Law
The "Unitary Executive"
The President's Constitutional Duty to "...take care that the laws be faithfully executed"
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