Thursday, December 20, 2007

Rhetorical Signing Statements in Action

President Bush has issued a couple of rhetorical signing statements this week that are textbook, from the warm congratulations to all and the "group hug" behind the President, who is seated and signing the bill into law.

First up is the "Energy Independence and Security Act of 2007," or H.R. 6. Visually, you have the (mostly) huddled congressperson flanking the president, who is seated and signing the bill at a desk that has a nice sized placard stating: IMPROVING FUEL ECONOMY, REDUCING OIL DEPENDENCY. You have the warm banter:

"I think that's Senator Domenici there is (sic) disguise--(laughter and applause)--looking pretty handsome, isn't he? (Applause)"

The bipartisan congratulations: " I do welcome members of the Cabinet who've joined us. I particularly want to thank the Speaker and the Leader. I appreciate your leadership on this important issue. (Applause.) Speaker Pelosi is here with Congressman Steny Hoyer, House Majority Leader; welcome, Mr. Leader. (Applause.) Leader Reid has brought members of the Senate with him: Senator Inouye, Senator Bingaman, Senator Stevens -- (Senator Domenici)-- I appreciate Congressman Dingell and Congressman Markey, Congressman Gordon -- these are all leaders on their respective committees that help bring this bill to my desk. I also want to welcome all the other members of Congress who have joined us. (Applause.)"

And finally an explanation of the bill's purpose: more reliance on biofuel, reduction in demand for oil by increasing fuel economy standards, the use of energy efficient light bulbs.

All in all, a 10 minute process. And the intended audience? Lots of interest groups and energy corporations who wish to mostly praise the president--press releases designed to echo the president's comments. For instance, the energy company VeraSun, "a leading producer of ethanol" applauds "the work of our leaders in Washington D.C., for their vision in putting our country on a path toward greater energy diversity and sustainability. Or, a release by a think tank, the "Golisano Institute for Sustainability," who offered up its director, Nabil Nasr, who "calls today's signing of the (Act) 'a tremendous step forward.'"

Second, moments after the first, President Bush gets out in front of another group of important looking people to sign HR 4118, the "Prevent Taxation of Payments to Virginia Tech Victims and Families Act." Here again, President Bush is signing the bill at his desk (and what an impressive desk it is) while the assembled guests look on. Next, he congratulates all who helped get this bill to his desk, including both the President of Virginia Tech, the Mayor of Blacksburg, and the Governor of Virginia. President Bush winds up this three minute ceremony with a bit of empathy: "And so I want to say to the families who still suffer, we think about you. And to the students and faculty and alumni and leadership of Virginia Tech, thank you for helping those who suffer reconcile and recover from the grief they feel. So it's my honor to sign this important piece of legislation." This signing statement had a much more general distribution, getting picked up by major newspapers and wire services, as well as the college newspaper at Virginia Tech.

Third, President Bush's signing ceremony for the bill aimed at the home loan mortgage crisis, HR 3648, the "Mortgage Forgiveness Debt Relief Act of 2007." In this ceremony, President Bush has a mixed assemblage of important guests (Male-Female, Black-White, Congress-Cabinet) crowded behind while he signs the bill on a desk with a new placard on the front, HELPING AMERICANS KEEP THEIR HOMES (I wonder how much money is spent each year making these things?). President Bush follows protocol by singling out the important players for his gratitude:

"I thank my Secretary of the Treasury, Hank Paulson; and the Secretary of Housing and Urban Development, Alphonso Jackson, for taking the lead in helping people stay in their homes. I particularly want to thank the Chairman of the Finance Committee, Max Baucus; Senator Debbie Stabenow of Michigan; and Senator George Voinovich of Ohio, for sponsoring this legislation.

I want to thank Jim McCrery of the House, Stephanie Tubbs Jones and Rob Andrews. Appreciate you all being here.

I want to thank the staff who works hard at the Treasury and HUD to make this deal work. Appreciate your hard work."

After this, a preface to why the legislation is needed and all of the actions that the president has done on his own to combat the crisis:

"My administration has taken strong steps to help homeowners avoid foreclosure by making it easier to refinance loans. We gave the Federal Housing Administration greater flexibility to refinance loans for struggling homeowners. We helped assemble a private sector group of lenders, loan servicers, investors, and mortgage counselors called the HOPE NOW Alliance. This group has agreed on a set of industry-wide standards to help those with subprime loans refinance or modify their mortgages, so more families can stay in their homes. "

Next is a list of what this legislation will do to remedy the problem, followed by a backhanded swipe at the Congress:

"The Congress needs to pass legislation permitting state and local governments to issue tax-exempt bonds for refinancing existing home loans. Congress needs to pass legislation strengthening the independent regulator of government sponsored enterprises like Freddie Mac and Fannie Mae, so we can keep them focused on the mission to expand home ownership. Congress needs, as well, to complete work on responsible legislation modernizing the Federal Housing Administration, so that we can give the FHA the necessary flexibility to help hundreds of thousands of additional families qualify for prime-rate financing."

This signing statement was intended for a mixed audience--first, the general population who are aware that this is a big problem, either because it gets covered by the press (local and national, print and broadcast), or because they or someone they know is caught up in the problem itself. Second, there is the targeted audience such as those in the real estate or lending business itself.

Thus far for 2007, President Bush's rhetorical signing statements are nearly even to the total number of rhetorical statements issued in 2006. In 2006, he issued a total of nine rhetorical signing statements, and to date, for 2007, he has issued a total of eight. Where the big difference so far is in the constitutional challenges. In 2006, President Bush issued a total of 24 constitutional signing statements with a total of 243 distinct challenges. In 2007, he has one constitutional signing statement with a total of 11 challenges. Some may argue that there have been so few signing statements of any variety because Congress has not gotten much to his desk, or what it has gotten to him has been insignificant, such as renaming post offices or roads. But that has not been entirely true. Sure, the Congress has gotten its fair share of trivial legislation to his desk, but it has also gotten some substantive items that have been signed without comment, a true break from his past. And part of this reason has to be the switch in control of the Congress coupled with the intense publicity the constitutional challenges received in 2006 and sporadicly in 2007. And of course we have not seen what he plans to do with the massive omnibus spending bill that just crashed through the roof of the White House--something the president has asked his new OMB director (Jim Nussle) "for ideas for what to do" with it.