Latest on Signing Statements: Congress Reacts

Judiciary Committee Chairman Arlen Specter wants to safeguard Congress’ powers. Senator Specter wants to pass legislation that would allow Congress to challenge the White House in Court.

Specter’s efforts coincide with a report released by the American Bar Association that asserts that the executive branch has grown more powerful via presidential objections to portions of bills, called "signing statements."

The ABA says that these statements often violate the Constitution because they accept only parts of a bill, but not the bill as a whole. Although the president has veto power, he or she cannot reject some provisions and not others. Such line-item vetoes reinterpret the law and do not allow Congress a chance to override the president’s will, which is an integral part of the balance of powers laid out in the Constitution.

The ABA reports that President George W. Bush has issued over 800 signing statements during his presidency, raising constitutional objections to over 100 passed laws.

For more on signing statements, click here.

Specter says

Upon the release of the ABA report, Specter held a public hearing attended by members of the Justice Department and various constitutional law experts. The hearing allowed Specter and others to air out their grievances with signing statements and set the stage for legislation that would allow Congress to sue the president over signing statements.

But many Republicans disagree with Specter and feel that a bill championing Congress’ power would be an unnecessary embarrassment to President Bush. And Jeff Sessions (R-Alabama) pointed out that the bill would put the courts in the middle of the legislative and executive branches. House Republicans had a cool response to the bill as well, insisting that it begin in the Senate. The proposal isn’t like to get floor time or a vote.

Other ways for Congress to fight back

Constitutional analysts point out that crystal-clear legislation will be difficult for the White House to counteract in a signing statement. Further, when the matter goes to court, it is Congress’ language and intention that are most carefully considered.

Bruce Fein, who worked for the Justice Department under Ronald Reagan, suggests that Congress utilize its unique power - the power of the purse - to reinforce Congressional intent. By connecting funding to its laws, lawmakers could dissuade presidents from canceling out portions of legislation. Fein even suggests blocking spending on any law that a president declares unenforceable under the Constitution.

What do you think?

How important is the balance of powers? How can each branch ensure that it maintains its power? How should the three branches of government work out the differences among them?

What do you think?

What do you think about signing statements? Should Congress draft legislation to limit them? How do you understand the balance of powers? Do you think any one branch has more power than the others?

Your input matters

Your representatives DO care what you think. Especially now -- 2006 is an election year and many representatives will be looking to reconnect with their constituents. Let your congressmen and women know what you think! Give your senators a piece of your mind! To find your reps, click here.

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Posted on: 7/30/2006