Signing Statements as a Source of Presidential Power

Abstract

Presidents have attached signing statements to bills for a variety of reasons since the time of James Monroe. While traditionally used for rhetorical or political purposes, they have taken on an added constitutional dimension since the Reagan Administration. Despite their increased usage, the real question becomes whether these signing statements have had a substantive impact on how executive branch officials implement the law, or how courts interpret that law in cases before them.This paper explores whether signing statements have had an appreciable influence on the implementation and adjudication of laws, and if they can therefore be considered a material expansion of presidential power and authority. The paper first explores the history, substance, and usage of presidential signing statements; second, examines whether a president’s constitutional concerns, as evidenced by signing statements, receives controlling weight by those officials tasked with implementing the law; and third, assesses whether courts are influenced in any way when interpreting laws that are accompanied by presidential signing statements.Signing statements are frequently used presidential tools which have largely escaped public scrutiny. This paper demonstrates that signing statements have become more prevalent in recent years, and have had a measurable impact on the implementation and interpretation of the laws which they accompany. The failure of the public to take notice of these powerful tools could lead to an aggrandizement of presidential power at the expense of Congress and the courts.