
Pete Souza/The White House
An executive signature
Campaign promises are as old as our democracy — as too is
deep skepticism that they’ll be kept. Americans are generally an optimistic
people but when it comes to our politics we have developed a wary eye. And
sometimes the differences between promises kept and promises broken is a very thin
line.
During his 2008 campaign for president, Barack Obama was
highly critical of his predecessors’ use of “signing statements,” an obscure
Executive Branch tool to get things done via back channel. Candidate Obama
promised “restraint”
in their use. By restraint, he meant not issuing signing statements that
“undermine the legislative intent or nullify or undermine congressional
instructions as enacted into law.” But Obama
also thinks the signing statement is a tool “to protect a president’s
constitutional prerogatives.”
Clearly President Obama
feels his prerogatives have been threatened by Congress, because he has signed
five statements as
of July 26, 2009. That pace puts him slightly ahead of President George W.
Bush, who didn’t sign
his fifth until August of his first year in office. Tell that to your average
Obama supporter and they will likely raise their eyebrows in surprise.
Signing statements became highly unpopular in many circles
during President Bush’s administration, as he issued nearly 1200 of
the squirrelly little buggers —double that of all previous presidents combined. If you’re not a big fan of signing statements, then
Obama’s early pace does not bode well for you.
But is he really breaking his promises, or is he doing
exactly what he said he would do? His signing statements to date have not
exactly been earth-shattering. One example is a signing statement on the Ronald Reagan
Centennial Commission, where Obama clarified that although Congressional
participation is appropriate and welcomed, it is not administrative.
That kind of signing statement isn’t likely to keep anybody
up at night, but Congress is already on the alert. Last month, several Democratic representatives sent
President Obama a letter
registering their unhappiness with his signing
statement asserting his constitutional right as president to negotiate with
international organizations. But is this genuine concern over Obama’s ability
to negotiate good policy or just the typical wrangling that goes on between two
branches of government asserting their own powers?
An examination of President Obama’s signing statements
indicates that he has generally shown restraint at least in their content, if
not their number. But if he seeks to keep the trust of the American people, he
needs to make the statements public by posting them on the website www.whitehouse.gov. That way we can ponder
their virtues ourselves while he tries to keep two campaign promises.