Reason #25: Presidential Signing Statements - The Arrogance of Unchecked Power

One of the most devious, and patently illegal, ways that Bush grabbed power from the other branches of government was by using so-called “signing statements” to ignore laws he didn’t agree with. Prior to his administration, presidents rarely penned these addendums when they believed parts of a given law impinged on their constitutional authority. But Bush issued some 800 of them, more than double the number written by every president in our history combined.

In 2005, for example, John McCain passed a bill forbidding torture. Bush signed it into law, but added a statement that effectively - and unilaterally - exempted himself and his administration from it.[ii]

The following spring, Congress ordered the FBI to report how they were implementing the Patriot Act. Bush again signed the law, but excused the FBI from following it. What’s the use of a law if the very person or agency it is aimed at says they do not have to abide by it?

… When a president’s signature goes down on a bill, that act is final. It is now the law of the land. There is no mention of some free pass for a president, some extra power to massage or finesse or interpret it.

President Bush and his staff have used “national security” as their prime excuse. This is nothing new. Nixon tried to use that same reason to spy on Americans, including his political opponents. When his abuses came to light, he was driven from office. Back then, during the Cold War, we faced nuclear annihilation on a daily basis. But our laws and our standards still survived. Now, Bush is trying to use the vague and seemingly endless “war on terror” to dismantle the very framework of our democracy.

Some compare these signing statements to “line item vetoes.” Past presidents have asked for this power to strike out certain parts of a bill before signing it. But the Supreme Court has repeatedly ruled line item vetoes unconstitutional. Our constitution is very clear. Congress’s job is to pass laws. The president’s job is to make sure those laws are obeyed. If he or she does not like a measure, the only option available is to veto it outright. That means when a president’s signature goes down on a bill, that act is final. It is now the law of the land. There is no mention of some free pass for a president, some extra power to massage or finesse or interpret it.

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