TRUMP AND A CRAZY LITTLE THING CALLED “SIGNING STATEMENTS”: ANOTHER REASON FOR VOTING

In the American system, Congress passes laws,  the president signs and carries them out, and the courts interpret them or

determine if they’re constitutional, right?  It turns out it’s not quite that simple. Thanks to signing statements, presidents may put their thumbs on the scale and say more about what a law means, in practice, than does Congress.

 

President Trump exerted that kind of presidential primacy in connection with a key portion of the $2.2 trillion economic stimulus package aimed at helping the nation through the current coronavirus pandemic. Congress

passed that legislation March 27 and Trump signed it the same day. Hours later he released a signing statement indicating he doesn’t intend on complying with all the provisions of the law that would assure transparency in the $500 billion part of the legislation aimed at helping corporations. So, what’s a signing statement and can Trump do what he said he’d do?

A Tradition from Nowhere

Signing statements express a president’s view of the constitutionality of specific legislation or how his interpretation of the legislation will guide enforcement of it or its

anticipated impact. They date back to James Monroe’s presidency. Ronald Reagan rapidly expanded its use in the 1980s. The Gipper issued 250 of them. In only one term, his successor, George H.W. Bush, issued 228. Bill Clinton

issued 381 during his eight years in the White House, Barack Obama 37. Historians now regard George W. Bush as the king of signing statements. Though he issued only 161 separate signing statements, he used them in challenging over 1000 provisions of various laws. The great classicist and historian Garry Wills once told an audience the younger Bush challenged more provisions of laws through signing statements than all his predecessors combined.

 

Despite this history, the federal constitution does not include a signing statement provision. They’ve just sort of become part of the legislative process. Members of Congress and others have challenged the actions presidents have taken through signing statements. Such challenges assert the president acted in a way at odds with the intent of Congress in passing the law at issue. The challenges have a mixed record, with the outcome of the cases turning on whether the court concluded the president did or did not enforce the law as Congress intended. Courts have not, however, declared the practice of issuing and using signing statements unconstitutional. 

  

Trump and the Stimulus Legislation

Trump said his administration wouldn’t treat the stimulus legislation as permitting the inspector general provided for in the bill (also known as  the SIGPR) to issue reports to Congress without his approval. In other words, the special inspector general couldn’t give Congress potentially damaging information about how the $500 billion corporate relief part of the package is being

spent unless Trump personally approved. Congressional Democrats and watchdog groups fear much of the $500 billion will get used by corporations for things like stock buybacks and executive bonus payments, not worker salaries as Congress intended.

Trump’s signing statement flies in the face of

the transparency congressional Democrats, in particular, fought for in passing the bill. Many in Congress don’t trust that Trump and his Treasury

Secretary, Steve Mnuchin, will make sure the money benefits workers, not corporate executives as occurred with TARP money during the Great Recession of 2008.

               

Certainly, presidents have used signing statements for reasons that don’t suggest evil. These include telling the public what the president expects as a likely effect of the legislation or guiding subordinates in carrying out the legislative purpose. Presidents have also used signing statements in advising the public he views some part of the bill as unconstitutional and expects a court challenge. Trump, however, suggested none of these things in his statement. He just made clear the public will find out only what he wants it to find out about the $500 billion. 

     

What to Do

When someone with dishonest motives occupies the White House, the temptation

arises to say that the courts or Congress or someone should get rid of signing statements. After all, they have no textual foundation in the constitution and Congress has never enacted a statue providing for them. 

History, though, shows that presidents in both parties use them, perhaps for good reason.

Signing statements may, under certain circumstances, function as part of our system of checks and balances. Congress, for example, could go off the deep end with ill-advised legislation a president prefers not vetoing because it contains provisions

addressing a serious national need. A signing statement, and subsequent presidential action, limiting the negative impact of the bad parts of the legislation may represent the best course for the country. Perhaps signing statements aren’t all bad.  We believe the country can take some

comfort in knowing that the courts remain the final arbiter of any action the president takes pursuant to the execution of any signing statement.

The presence of signing statements in our system illustrates the power of the presidency

and emphasizes the importance of getting right who occupies that office. In November the voters weigh in on who can issue signing statements the next four years. As we’ve said before, we can’t mess this up.