PRESIDENTIAL SIGNING STATEMENTS ACT -- (House of Representatives - July 17, 2008)
The SPEAKER pro tempore. Under a previous order of the House, the gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
Mr. JONES of North Carolina. Mr. Speaker, on May 8, 2008, I introduced H.R. 5993, the Presidential Signing Statements Act. This bill would promote congressional and public awareness and understanding of Presidential signing statements. I am very pleased that next Friday the House Judiciary Committee will examine the issue of Presidential signing statements as part of a hearing on the balance of powers in our government.
The history of Presidential signing statements dates back to the 19th century. However, on September 17, 2007, a Congressional Research Service report noted that U.S. presidents have increasingly employed these statements to assert constitutional and legal objections to congressional enactments.
In doing so, Presidents sometimes communicate their intent to disregard certain provisions of bills they have signed into law. It is for this reason that I have introduced the Presidential Signing Statements Act. Just as the American people have access to the text of bills that are signed into law, they should have easy and prompt access to the content of Presidential signing statements that could affect how those the laws will be executed. To enable a more complete public understanding of our Nation's laws, the Congress should also be able to call for the executive explanation and justification for a Presidential signing statement.
According to CRS, President Clinton signed 381 signing statements while in office. Seventy of these statements raised legal and constitutional objections. President George Bush has signed 157 signing statements, 122 of these statements contain some type of constitutional challenge or objections. Because future Presidents are likely to continue this practice, Congress should act now to pass legislation to ensure proper understanding and disclosure of these signing statements.
The American Bar Association recently examined the issue of presidential signing statements and appointed the task force on presidential signing statements and the separation of powers doctrine.
The task force issued a report urging Congress to enact legislation requiring the President to promptly submit to Congress an official copy of all signing statements he issues and to submit a congressional, to the Congress, a report setting forth in full the reasons and legal basis for this statement. The ABA also recommended that such submissions be available in a publicly accessible database.
The bill that I introduced would require the President to provide copies of signing statements to congressional leadership within 3 days of being issued. Secondly, it would require signing statements to be published in the Federal Register; and, third, require executive staff to testify on the meaning and justification for Presidential signing statements at the request of the House or Senate Judiciary Committee; and, fourth, provide that no monies may be used to implement any law accompanied by the signing statements if any provision of the act is violated.
Because it's critical that we preserve the division of power in our government and public understanding of our Nation's laws, I hope many of my colleagues will consider cosigning the Presidential Signing Statements Act.
I look forward to next week's House Judiciary Committee hearing, and the opportunity to further discuss why this legislation is a much-needed piece of legislation.
Before I close, I ask God to please bless our men and women in uniform in Afghanistan and Iraq, and ask God to please bless the families of our men and women in uniform, and ask God to continue to bless America.