Signing Statements in the States

One of the great overlooked areas of research on executive power is an examination of the unilateral powers exercised by American Governors. It is clear that U.S. Presidents claim as a basis for action the powers exercised by governors. For example, presidents have long cited the fact that some 36 governors have a line-item veto, and have a long history of using it without the states sliding into monarchy. Another tool used profusely by governors is the signing statement. Much is made about the signing statements used by presidents--and in particular President Bush--without studying their use by governors. Thus important questions: How do governors use them? The same as presidents? How aware are state legislators of their use? If aware, how do governors combat their effect?

To underscore the importance of the signing statement to governors is a press release from Kansas Governor Kathleen Sebelius (D). Governor Sebelius's press release notes 15 bills she signed into law (for a total of 51 in 2008), and on the last bill, which clarifies "Food and Safety Rules and Regulations," there is a special header:

Governor Sebelius issued a signing statement for SB 557: "Though I have grave reservations about ever limiting a secretary's power to do his or her job, I have been assured by Secretary Polansky that no provision in this bill appears to limit his ability to protect the health of Kansans or carry out his duties."

This is clearly in line with the way recent presidents have used the signing statement--to qualify the bill in a way that brings it in line with the way the executive sees the Constitution. According to the press release, the bill:

...amends current law to clarify that the Kansas Department of Agriculture has the authority to promulgate rules and regulations that require food processing plants, food vending machine companies, and retail food stores to operate in a safe and sanitary manner. The bill also addresses rule and regulatory authority of the Secretary of Agriculture in the areas of meat and poultry. This bill was necessary to correct ambiguities between a 2004 Executive Reorganization Order, the Kansas Food, Drug and Cosmetic Act, and the Kansas Food Service and Lodging Act.

It appears that Governor Sebelius is protecting the governor's prerogative to supervise executive branch agents, and not the state legislature. Thus the Kansas State Legislature passes legislature that boosts the Department of Agriculture's ability to supervise certain industry, which Governor Sebelius agrees with, but notes that the legislature's bill is moot because only the governor may tell the Agriculture Secretary which industry he or she must pursue. Classic use of the signing statement--to supervise the [unitary] executive branch!

I don't know anything about Kansas politics, but I would be interested to know if the Governor's office makes it a habit of issuing a press release that draws particular attention to the use of the signing statement. Certainly worth a look-see.