Legal Research

The New York Times has a story on Presidential signing statements.  Signing statements are the controversial statements accompanying a Presidential signature of a law passed by Congress, which state that a portion of that law is unconstitutional and  the President intends not to enforce it. Sort of a "Yes, but..." 

President Bush issued an unparalleled 1200 of these statements, about twice the number issued by all his predecessors.  President Obama has instructed his agency heads to consult the Attorney General before relying on Bush's signing statements to decide not to enforce a portion of a law.  So in that case, what we will have is a subsequent administration deciding on the constitutionality of a  prior administration's assertion that a portion of a law was unconstitutional.  So much for certainty in knowing the law.

President Obama intends to use signing statements himself, in situations where he determines that a portion of the law before him is unconstitutional.  The ABA's position is that signing statements are contrary to the separation of powers, others contend that signing statements have the power to rescue good laws that are predominately constitutional from Presidential veto.