An Introduction to Signing Statements: A Key Legal Tool

No matter how much attention Congress and the President pay to a bill, care should be taken to ensure that any laws being passed are fair and equitable. This is where signing statements come in. A signing statement is a document issued by the President when he or she signs a bill into law that expresses his or her views about the bill’s constitutionality or interpretation.

Historically, Presidents from both parties have used the signing statement tool to further their presidential powers by declaring certain sections of a bill to be “advisory” or inapplicable to certain executive branch activities. Signing statements are seen as a check on the power of Congress and the President to properly interpret legislation, especially when complex policy issues are involved. As such, they are of great importance in today’s legal landscape.

Examples of Signing Statements in Recent History

One of the most famous examples of a signing statement concerns the Military Commissions Act of 2006. President George W. Bush issued a signing statement in which he raised the possibility that government officials could “in certain circumstances” override sections of the law and still comply with his understanding of laws regulating the detention, interrogation, and prosecution of suspected terrorists.

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More recently, in 2018, President Donald Trump issued a signing statement for the massive budget bill he signed into law. The statement declared that he would “look for every opportunity to conduct himself in accordance with the Constitution’s Article Two requirements, including the presidential responsibility to withhold funds from inappropriate uses.” In doing so, Trump declared that he did not have to necessarily abide by certain sections of the bill if he determined them to be contrary to the Constitution.

Related Legal Concepts

Presidential signing statements represent a unique form of executive interpretation that differs from other legal documents like registration statements or agreed statements of facts used in litigation. While an opening statement in court presents an attorney’s interpretation of evidence to come, signing statements allow presidents to offer their constitutional interpretation of legislation they’re enacting. Understanding the broader category of Presidential signing statements helps contextualize how these tools have evolved as instruments of executive power and constitutional interpretation.

The Bottom Line

Signing statements serve as the President’s formal declaration of how they interpret new legislation, often highlighting constitutional concerns or implementation priorities. These documents reveal the ongoing tension between executive and legislative branches over the scope of presidential power and statutory interpretation. For guidance specific to your situation, always consult a qualified, licensed attorney.