I think that a recent signing statement by President Bush is indicative of the type of signing statements we should expect for his remaining days in office. Rather than the bold, confrontational language of the past six years, this statement covering the "Department of Defense Appropriations Act, 2008" (HR 3222) is vague and covers a number of different sections of the bill. Here is what I mean:
The Act contains certain provisions identical to those found in prior bills passed by the Congress that might be construed to be inconsistent with my Constitutional responsibilities (sections 8005, 8009, 8012(b), 8034(b), 8052, 8082, 8085, 8089, 8091, and 8116, and the
provision concerning consolidation under the heading ``Operation and Maintenance, Defense Wide''). To avoid such potential infirmities, I will interpret and construe such provisions in the same manner as I have previously stated in regard to those provisions.
First, what specifically do these sections do?
8005--Deals with the president's ability to control communications. The section directs the Secretary of Defense to transfer funds where necessary, but before he does, he must notify the Congress "promptly of all transfers." The president has objected to this language before, arguing that the Constitution gives him the sole authority to communicate to Congress and not the inferior executive officers.
8009--Ibid. States that funds used for a "special access program" (you would think something that vague would draw the fire alone) may not be spent without first notifying the defense committees in Congress 30 days before spending money.
8012(b)--This section demands that the president "prepare and submit" budget materials for the Congress. Traditionally the president objects to this language as a violations of the Recommendations clause.
8034(b)--Ibid. The provision requires the president to submit "justification material" with his budget request.
8052--This is a "report and wait" requirement similar to 8009 above, requiring the administration to report to the "congressional defense committees, the Committee on International Relations in the House of Representatives, and the Committee on Foreign Relations of the Senate."
8082--This complaint would center on interference with the presidents executive powers. It tells the president how he may use appropriated funds.
8085--This section contains two problems. First, it tells the president how he may or may not use funds and second it commands him to receive "prior notification" from the defense committees once he has decided how the funds may be used.
8089--Tells the president how to spend "$62,700,000."
8091--Directs the president on what he needs to put in the budget request for FY 2009.
8116--Ibid. This particular section tells the president that requesting money for military operations outside of the normal budget will no longer be permitted: "Any request for funds for a fiscal year after fiscal year 2008 for an ongoing military operation overseas, including operations in Afghanistan and Iraq, shall be included in the annual budget of the President for such fiscal year as submitted to Congress..."
``Operation and Maintenance, Defense Wide''-- This objection interferes with the president's ability to direct and supervise inferior executive officers.
President Bush's demands are found in two separate "Statements of Administration Policy" sent to the House and the Senate as the bill made its way through both chambers. You can read them here and here.
Now all we need to do is wait and see how he acts upon these complaints. While waiting, it is clear that this signing statement differs dramatically from the signing statements in his past.
