Check With AG Before Following Bush Signing Statements, Obama Tells Officials
In an initially little-known practice, President George W. Bush not infrequently signed federal legislation but then, in effect, countermanded some provisions in so-called signing statements.
Now President Barack Obama is telling federal officials not to rely on them. In a memo today, he sets forth the principles he intends to follow when writing signing statements of his own and concludes: “To ensure that all signing statements previously issued are followed only when consistent with these principles, executive branch departments and agencies are directed to seek the advice of the Attorney General before relying on signing statements issued prior to the date of this memorandum as the basis for disregarding, or otherwise refusing to comply with, any provision of a statute.”
The full text of the memo is provided by the Washington Post’s 44 blog covering the Obama presidency.
Bush’s routine use of signing statements was controversial, and some observers, including the American Bar Association, questioned their constitutionality, reports the New York Times. Obama has said he will cut back on the practice substantially.
It isn’t clear exactly how U.S. Attorney General Eric Holder will evaluate the signing statements issued by the former president.
Bush has defended his use of signing statements as lawful and appropriate.
Additional coverage:
Coherent Babble: “Presidential Signing Statements”
ABAJournal.com (2007): “Bush Makes Good on Signing Vows”
Boston Globe (2006): “Bush challenges hundreds of laws”
