Another Obama Constitutional Signing Statement

Obama issued his fourth signing statement today, as well as his second constitutional signing statement, bringing to date a total of 13 challenges.

This signing statement--the "Omnibus Public Land Management Act of 2009," (HR 146), contained one provision (section 8203) that required the Secretary of the Interior to appoint members of the "Erie Canalway National Heritage Corridor Commission" that are "based on recommendations from each member of the House of Representatives, the district of which encompasses the Corridor; and persons that are residents of, or employed within, the applicable congressional districts (Section 1(C)(i))."

President Obama writes that it is "an impermissible restriction on the appointment power to condition the Secretary's appointments on the recommendations of members of the House," thus he would "require the Secretary to consider such congressional recommendations, but not be bound by them in making appointments to the Commission." Or in other words, "we will take it (the recommendations) under advisement, but don't expect much more."

The appointment power is a core presidential prerogative, and one of the areas that are likely to draw a challenge in a signing statement regardless of the party who holds the presidency. And it is clear that the Obama administration is taking its "Oath" obligation very seriously.