March 9, 2009
Posted: March 9th, 2009 06:42 PM ET

From
The president issued guidance Monday about the use of so-called presidential signing statements during his administration.
The president issued guidance Monday about the use of so-called presidential signing statements during his administration.

WASHINGTON (CNN) – In the latest of a series of moves intended to limit or reverse the policies of his predecessor, President Obama quietly issued a memorandum Monday that will likely limit the impact of the many legislative signing statements that became a bit of a trademark during former President George W. Bush’s tenure.

In the two-page memo, Obama makes the case both for and against presidential signing statements, the presidential practice of laying out constitutional and other legal concerns about a piece of legislation at the time the chief executive signs a bill into law.

“Constitutional signing statements should not be used to suggest that the President will disregard statutory requirements on the basis of policy disagreements,” Obama wrote in the memo.

“At the same time, such signing statements serve a legitimate function in our system, at least when based on well-founded constitutional objections. In appropriately limited circumstances, they represent an exercise of the President’s constitutional obligation to take care that the laws be faithfully executed, and they promote a healthy dialogue between the executive branch and the Congress.”

The memo then lays out four principles that will govern Obama’s use of signing statements: notifying Congress of his administration’s concerns about pending legislation; utilizing only “well-founded” interpretations of the Constitution; increasing transparency by laying out the administration’s constitutional concerns with specificity and avoiding constitutional problems by using only “legitimate” constitutional interpretations when possible.

On the basis of these principles, Obama directs his administration to seek guidance from Attorney General Eric Holder before relying on any presidential signing statement issued before Monday in order to disregard or refuse to comply with any provision of a federal statute.

The net effect of Obama’s directive is to prohibit his administration from utilizing any signing statements issued by George W. Bush – and any prior president – without first getting the okay from Holder.

“This President will use signing statements in order to go back to what has previously been done,” White House Press Secretary Robert Gibbs told reporters in his daily briefing Monday. “And that is to enumerate constitutional problems that either the Justice Department or the - or legislative council here see as a potential problem through their reading, but not ask that laws be disallowed simply by executive fiat,” added Gibbs.

Filed under: President George W. Bush • President Obama


John in AZ   March 9th, 2009 11:45 pm ET

The significance of this cannot be overstated. Obama, in a small way granted, is limiting his own power. For centuries, presidential power has only ever grown and the idea that any president would ever reverse the trend seemed naive at best. Incredible.

actually has read constitution   March 9th, 2009 11:14 pm ET

Tell me in the Constitution where it says the President is allowed objections to acts of Congress (besides the veto power), or even the Attorney General for that matter. Centralizing power in the executive branch is exactly the thing Framers sought to avoid, hence we have the judiciary. THEY interpret the Constitution and acts of Congress, NOT the President and certainly NOT the Attorney General. We allow this, and the next thing you know we'll have the President declaring war. Oh, wait....

texas teacher   March 9th, 2009 11:07 pm ET

Obama seems to be nothing more than partisan these days. He is simply trying to be the opposite of Bush, just to please his radical fringe liberal base. Today's move on embryonic stem cell research was simply a political move to appease his liberal base. He didn't have to reverse that to have research on stem cells, as Bush already had that in place. He just decided to do it for his base. This will not change anything, however, when it comes to finding cures. It never has and never will. It is just reckless partisan posturing. What a way to bring the morality issue back into the fray. This will surely add to the conservatives uniting to defeat Democrats as they are once again over-reaching, led by Obama. After all, it was members of his own administration that said they must never forget to take advantage of a good crisis, (in this case the economy), to push through their agenda.

Randall in Torrance - The pen is mightier than the sword   March 9th, 2009 10:53 pm ET

It should be a requirement that the President be intelligent enough to know what he is signing. Thank God President Obama understands what he's singing and what the long term impacts are likely to be. Bush, on the otherhand was clueless as sagebrush in a Cheney fart storm.

human being   March 9th, 2009 10:40 pm ET

that elmer fudd of a former prez should have been limited on everything, not one thing was done constitutionally. He was elected by cheating, he lost our money by spending in Iraq, he suppressed science, never helped katrina victims etc...

Mark, B'ham., Al.   March 9th, 2009 10:33 pm ET

Obama reversing the Bush Executive Orders is just as political as the origional Bush Executive Orders!

Chris   March 9th, 2009 10:29 pm ET

Bravo! Spoken like a scholar of constitutional law. As opposed to his predecessor, who treated it like a piece of paper. Toilet paper.

C W   March 9th, 2009 10:16 pm ET

YAY!!!!!! It is so great to have a President who actually understands the Constitution! Bush & Company so terribly misused that document.

Perusing-through   March 9th, 2009 10:03 pm ET

IT IS ABOUT TIME!

Scott, Tucson   March 9th, 2009 9:45 pm ET

And where is it in the Constitution that the Government shall provide Health coverage and buy up banks?

Bud   March 9th, 2009 9:40 pm ET

It would be a "Change" to have Obama approach these issue with an eye to practicality. Why any President could be allowed to ignore laws is beyond imagination, much less reality. It's time we insisted that the law either is the law or not. It can't be applied on a whim. laws apply to everyone, including the President. If laws are ignored, especially with intent, there should be some jail time ahead for offenders. Bush should answer for his crimes and Obama should answer for any infractions he commits.

Denver Mom   March 9th, 2009 9:30 pm ET

Give Hannity's translation to Obama saying that this process can be abused....

Translation:

...But only I'm allowed to abuse it!!!!!!!!!! :-)

ib   March 9th, 2009 9:25 pm ET

We need to Limit this clown signing statements. He is doing anything and everything he can to spite the conservatives. He is the poorest excuse for a president I have seen in my lifetime and I've been around for awhile. Have at me liberals I'm use to you sprewing hate starting to act like you.

S Callahan   March 9th, 2009 9:24 pm ET

Ahhhhhhhh....does this mean we are really back into using the 'real' constitution?!

Bikkuri   March 9th, 2009 9:21 pm ET

He's effectively limiting his own powers for the sake of principle. THAT is what I call integrity.

Sam   March 9th, 2009 9:16 pm ET

Go Obama, clean all the mess Bush put us all in

Texas Teacher   March 9th, 2009 9:11 pm ET

Yes, please.... the archaic policies of the Bush/Cheney administration need to all go the trip... out that is! Oh, but they surely did take care of their consituents, the wealthies of the wealthy! At least they were consistent there! The rest of us.... could go to Hel.... for all they cared and still do!

Death of America by Obama   March 9th, 2009 8:51 pm ET

Impeach obama before it's too late.

The man is an idiot and a disgrace to this country.

Evan   March 9th, 2009 8:50 pm ET

A president who knows what the Constitution is, what it does, why it exists and why the American people respect it.

Such a great change from the last 8 years.

science   March 9th, 2009 8:49 pm ET

There's nothing quite like having a president who understands the constitution and the constitutional limitations of power on the presidency itself.

(The educated elite nod in quiet approval).

Dan (Redmond, WA)   March 9th, 2009 8:32 pm ET

A President that's going to pay attention to the Constitution? What's the world coming to?!?!?!

E. Elliott   March 9th, 2009 8:29 pm ET

Well done and a further exapmle of why the Chaney/Bush regime was the worst in history. As Lincoln said, the law must be obeyed, even bad ones, until such time as you can change them. Shame Bush never was allow to read about that.

Ray Fisher   March 9th, 2009 8:11 pm ET

Signing statements if required should expire with the President and never carry over to another President. That constitutes a dictatorship!!!

Ben in Dallas   March 9th, 2009 8:09 pm ET

The Bush administration abused so many constitutional safe guards that it is heartening that President Obama is moving the executive branch back into constitutional balance. He is my president and I am proud to be an American

thersa   March 9th, 2009 8:08 pm ET

Thank you President Obama for helping right the wrongs committed by Bush and Cheney. It's disconcerting, though, to discover how easily our system of government is corrupted when in the hands of dishonorable persons.

Ron Wisconsin Dells, Wisconsin   March 9th, 2009 7:52 pm ET

This will help clean up goverment and keep them sincere.Good for you Mister Prez Carry On !

Cystem Phailure   March 9th, 2009 7:48 pm ET

Another small step in the very long process of undoing DUHbya's damage and his corrupt, scheming practices.

Ping   March 9th, 2009 7:48 pm ET

hank God. The people have our country back! Thank you Mr. President. Thank you.

Joshua College Station Texas   March 9th, 2009 7:48 pm ET

Nice job Obama! Simply graceful. Protect the Constitution, protect the Executive Branch, and defer to time-weathered checks and balances! I love the effort to certify in writing transparency in the acts of the President. Wonderful!

This is smooth and subtle stuff, but so incredibly important!!!

SA in OO   March 9th, 2009 7:43 pm ET

In many respects the Bush White House was as close as we have come to a theocracy in this country. If you know you are right because, well you just are, then you really don't need to worry much about "the law of the land." Sort of like the pope you are the law.

Deb C   March 9th, 2009 7:36 pm ET

Yeah! President Obama is moving ahead with speed. There is no ease on him of the complaints from those who are basically in fear of a bi-racial president running government. This is the loudest of the criticisms I have heard of a newly elected president ever. He has been in office two month, and Pres. Obama is suppose to make magical change of the mess that we have been in for years. The banking crisis is very touchy issue, but I really don't think that by just quickly providing monies to the bank will be the solution. We need innovative, long range planning and thinking in order for this issue to be resolved. I have developed and drafted policy, and know that it would be foolish for Pres. Obama to rush on policy to fixed this credit crisis.

Boo- to those in the media and politics of hard knocks who are harsh, brutal and racist.

Henry Miller, Cary, NC   March 9th, 2009 7:36 pm ET

A refreshing repudiation of the Bush it's-legal-if-the-President-says-so Imperial Presidency.

Ed, Santa Fe, NM   March 9th, 2009 7:31 pm ET

Obama now needs to waste all kinds of time UNDOING moron Bush's last-minute efforts to ruin the country. Nothing will convince me that the rotten economy we now face was a purposeful maneuver on Bush's part (like the lies about WMD in Iraq) in an attempt to set up Obama for failure and a GOP president in 2012. It's exactly the same type of ploy. You can't tell me that even Bush and his idiot staff couldn't see this coming.....

Willy Brown   March 9th, 2009 7:21 pm ET

The socialist the media trys to cover for;#44

Steve in Louisville   March 9th, 2009 7:18 pm ET

Excellent! This was one of the most arrogant policies of the Bush administration. Good riddance.

Steve   March 9th, 2009 7:10 pm ET

One more sign that America is returning to the way it should be.

JT   March 9th, 2009 7:09 pm ET

This is what Pres. Obama means about change. YES HE DID!!!!!!!!

J.L.   March 9th, 2009 7:09 pm ET

It's things like this that makes me glad that we have Barack Obama as President... that he's changing back those things that the previous failure of a President a.k.a. George Walker Bush made that took our country in the wrong direction... Rule of Law is the key. Something that the previous administration seemed to disregard (or went along the lines of he who has the power, makes the rule).

Joe E.   March 9th, 2009 7:04 pm ET

The President's reasoning and approach to this Mr. Bush's over extensive use of signing statements is a breath of fresh air. The STINK of the dictatorship of the last 8 years is slowly beginning to clear. I'd suggest that congress draft legislation to codify this interpretation of signing statements so that no future despot of the USA can use that particularly odious sleight of hand on the American people!

Well done, Mr. Obama!

Tim   March 9th, 2009 7:03 pm ET

Yes, those time are over...........

Lets put those days behind us!

Its time for Jumpsuits and Handcuffs   March 9th, 2009 7:01 pm ET

Lets start with the self pardon Bush wrote, shall we.No get out of jail free cards,if you or I could never get on,why should he?

Richie   March 9th, 2009 6:58 pm ET

The problem is that we have no way of preventing the next George W from going back to the imperial presidency. We need W put in jail for treason.

Cynthia - Arkansas   March 9th, 2009 6:56 pm ET

President Obama has done SO much, in a short period of time, to overturn all of the disasterous policies of the last 8 years! It is so nice to have a dignified, smart man at the helm. I believe this will be the best administration this country has ever seen.

God Bless President Obama and his beautiful family.

Obama's Legacy ... Civility Returns To America   March 9th, 2009 6:52 pm ET

To all those how mockingly ask ... "so iwhere is the change we can believe in?"

Answer ..... RIGHT HERE

Patty in the CA mountains   March 9th, 2009 6:50 pm ET

Man, it's nice to have a brain in the oval office.....

Marsha   March 9th, 2009 6:49 pm ET

America! It should be clearer to you every day the lack of leadership under Bush and the abundance of blessed leadership under President Obama.

Had It   March 9th, 2009 6:49 pm ET

Turn around everything started in the "Bush Error".

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