NEWS & OPINION: Signing statements

The fine print

With President Bush, you always have to read the footnotes.

Just before Monday night’s State of the Union speech, in which Mr. Bush extolled bipartisanship, railed against government excesses and promised to bring the troops home as soon as it’s safe to withdraw, the White House undermined all of those sentiments with the latest of the president’s infamous signing statements.

The signing statements are documents that earlier presidents generally used to trumpet their pleasure at signing a law, or to explain how it would be enforced. More than any of his predecessors, the current chief executive has used the pronouncements in a passive-aggressive way to undermine the power of Congress.

Over the last seven years, Mr. Bush has issued hundreds of these insidious documents declaring that he had no intention of obeying a law that he had just signed. This is not just constitutional theory. Remember the detainee treatment act, which Mr. Bush signed and then proceeded to ignore, as he told C.I.A. interrogators that they could go on mistreating detainees? [complete article]

Bush issues signing statement on defense act, waiving ban on permanent bases In Iraq

P President Bush yesterday signed the 2008 National Defense Authorization Act after initially rejecting Congress’s first version because it would have allegedly opened the Iraqi government to “expensive lawsuits.”

Even though he forced Congress to change its original bill, Bush’s signature yesterday came with a little-noticed signing statement, claiming that provisions in the law “could inhibit the President’s ability to carry out his constitutional obligations.” CQ reports on the provisions Bush plans to disregard:

One such provision sets up a commission to probe contracting fraud in Iraq and Afghanistan. Another expands protections for whistleblowers who work for government contractors. A third requires that U.S. intelligence agencies promptly respond to congressional requests for documents. And a fourth bars funding for permanent bases in Iraq and for any action that exercises U.S. control over Iraq’s oil money. [complete article]

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