2013Presidential Studies QuarterlyRequires access

What's So Sinister about Presidential Signing Statements?

Ian Ostrander, Joel Sievert

Open publisher page 20 citations

Abstract

Presidential signing statements, especially “constitutional” ones, have been characterized as line‐item vetoes and a general abuse of power. But are signing statements so sinister? We suggest that the popular unilateral powers framework, as applied to signing statements, is inappropriate and that signing statements of all types function more like a dialogue with Congress. Using content analysis of all signing statements from 1977 to 2010, we demonstrate that signing statements routinely address general interbranch themes rather than the substance of a law. We thus provide a new perspective on presidential signing statements as a continuation of interbranch dialogue.

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What this paper is about

Presidential signing statements, especially “constitutional” ones, have been characterized as line‐item vetoes and a general abuse of power. But are signing statements so sinister? We suggest that the popular unilateral powers framework, as applied to signing statements, is inappropriate and that signing statements of all types function more like a dialogue with Congress. Using content analysis of all signing statements from 1977 to 2010, we demonstrate that signing statements routinely address general interbranch themes rather than the substance of a law. We thus provide a new perspective on presidential signing statements as a continuation of interbranch dialogue.

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Available abstract

Presidential signing statements, especially “constitutional” ones, have been characterized as line‐item vetoes and a general abuse of power. But are signing statements so sinister? We suggest that the popular unilateral powers framework, as applied to signing statements, is inappropriate and that signing statements of all types function more like a dialogue with Congress. Using content analysis of all signing statements from 1977 to 2010, we demonstrate that signing statements routinely address general interbranch themes rather than the substance of a law. We thus provide a new perspective on presidential signing statements as a continuation of interbranch dialogue.

Key concepts: Presidential system, Political science, Power (physics), Perspective (graphical), Law, Law and economics, Sociology, Computer science

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