“A Legitimate Function”: Reconsidering Presidential Signing Statements

Abstract

This article is a reconsideration and reassessment of presidential signing statements. Although many scholars and commentators have weighed in on the practice since 2006—when Charlie Savage's Boston Globe stories ignited a firestorm of criticism and debate on the issue—signing statements are still frequently misunderstood. Thus, one of the key purposes of the article is to delineate what signing statement is, from what it is not. Furthermore, the article examines the transition from the George W. Bush administration to that of Barack Obama. In particular, President Obama's views on, and use of, signing statements are elaborated and discussed. Although not a vigorous defender of the practice, President Obama's approach to signing statements is notable for its moderation and restraint, if sometimes more in theory than in practice. The article ends with an extended consideration of the utility and benefits of signing statements, while still acknowledging their potential ill effects.