Saturday, October 02, 2010

The Signing Statement, Terminator-Style

Since George W. Bush made the signing statement popular, more and more state governors have begun to take advantage of heightened press attention to the device to attract additional press attention on their own. Case in point is Governor Schwarzenegger's signing of a California bill decriminalizing possession of an ounce of pot or less. In what is considered a rhetorical signing statement, Schwarzenegger signs the bill and then attaches not just his reasons for signing, but also his own political view about a larger issue.

To make sure that Republicans and conservatives did not think the Governor had lost his mind and decided to move from Sacramento to Haight-Ashbury, he explained that the only reason he agreed to the measure was to help the cash strapped State. Schwarzenegger wrote:

...I am signing this measure because possession of less than an ounce of marijuana is an infraction in everything but name. The only difference is that because it is a misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney. In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot affort to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket.

In terms of framing, the Governor has framed this issue in terms of the budget cuts and not in terms of individual rights, thus selling it to the GOP as an act toward saving taxpayer money.

But wait, there's more. The Governor also connects this signing with a larger issue, Proposition 19, which "would legalize the growth, possession and distribution of marijuana in California." He wrote: "I am opposed to decriminalizing the possession and recreational use of marijuana and oppose Proposition 19, which is on the November ballot. Unfortunately, Proposition 19 is a deeply flawed measure that, if passed, will adversely impact California's businesses without bringing in the tax revenues to the state promised by its proponents."

So Schwarzenegger uses the issue of decriminalization to lure press attention to his signing statement, that simultaneously insulates his signature of the bill (defense of the state treasury) while also stating his opposition to measure on the ballot in November. This seems to have worked, as his actions, and statement, captured the attention of the national press, both print and broadcast.