Another bill, another signing statement. In his usual underhanded way, George Bush quietly issued a signing statement last month in which he reserved the right to ignore eleven provisions in a military appropriations bill.
Congress clearly set forth certain legal requirements on the executive branch as the price for receiving this money, but Bush said he will fulfill those requirements only if he wants to. His statements are blatantly unconstitutional and they carry no force of law, since Congress passed the law and he signed it, as written. But Bush has taken no apparent action on the basis of this claimed arrogation of power, and therefore he has (in this case, at least) apparently broken no laws.
As usual, the excellent Charlie Savage of the Boston Globe is all over the story:
Bush challenged several requirements to provide information to Congress.
For
example, one law Bush targeted requires him to give oversight
committees notice before transferring US military equipment to United
Nations peacekeepers.
Bush also challenged a new law that limits
his ability to transfer funds lawmakers approved for one purpose to
start a different program, as well as a law requiring him to keep in
place an existing command structure for the Navy's Pacific fleet.
"The
Act contains certain provisions identical to those found in prior bills
passed by the Congress that might be construed to be inconsistent with
my Constitutional responsibilities," Bush's statement says.
"To
avoid such potential infirmities, I will interpret and construe such
provisions in the same manner as I have previously stated in regard to
those provisions."
Bush has struck a less combative tone in this signing statement, the first since Democrat took control of Congress. Rather than restating his earlier claims that he is free to decide which laws he will obey, he instead referred obliquely and imprecisely to previous statements attached to "prior bills." He also, as Savage points out, failed to challenge two provisions of the bill that directly limit presidential power:
One law prohibits the military from using foreign intelligence
information that was collected illegally, and the other forbids
expending funds to establish permanent US military bases in Iraq.
It's hard to say what this apparent acceptance of congressional limitations may mean. White House spokesbot Tony Fratto claims that nothing has changed, that in fact shorter signing statements are "just easier."
In an online chat last September, Savage explained that some previous signing statements led the Bush administration to disobey portions of the laws:
The Government Accountability Office this year did a study of what had
happened to a small sampling of bill-sections that Bush challenged in
his signing statements attached to appropriations bills that Congress
passed in 2005. It found that of 16 section, the executive branch went
on to disobey six of them while enforcing the other 10 as written. The
GAO did not look at what happened to any of the most interesting
signing statements, such as those involving torture and the Patriot
Act, as they involved classified matters.
In the imperial palace, disobeying inconvenient laws is "just easier"—easier than challenging them in congressional debate or in the courts.
Congress should simply outlaw presidential signing statements. If Bush disagrees with a bill, he would then have to veto it and defend his tyrannical ideas in the open. That might be difficult for a naked emperor.
Charlie Savage won the Pulitzer Prize last year. Read his thorough, well-written book Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy for background on the Unitary Executive Theory and more details on signing statements.