Applying A Metric To Signing Statements
There is a controversy about how to count an executive's use of signing statements. A "flat count" of total signing statements would include the rhetorical and political statements as well as the constitutional. This may give a misleading number when the intent is to count the number of constitutional challenges issued.
Another common metric is to count the "number of statutes" that are disputed by signing statements. This addresses a count of the constitutional issues but may be inherently inaccurate, due not only to ambiguity in the signing statements themselves but also to the method of determining which statutes are challenged.
A Congressional Research Service report issued on September 17, 2007, uses as a metric the percentage of signing statements that contain "objections" to provisions of the bill being signed into law:
- President Reagan issued 250 signing statements, 86 of which (34%) contained provisions objecting to one or more of the statutory provisions signed into law. President George H. W. Bush continued this practice, issuing 228 signing statements, 107 of which (47%) raised objections. President Clinton’s conception of presidential power proved to be largely consonant with that of the preceding two administrations. In turn, President Clinton made aggressive use of the signing statement, issuing 381 statements, 70 of which (18%) raised constitutional or legal objections. President George W. Bush has continued this practice, issuing 152 signing statements, 118 of which (78%) contain some type of challenge or objection.
In March 2009, the New York Times cited a different metric, the number of sections within bills that were challenged in signing statements:
- "Mr. Bush ... broke all records, using signing statements to challenge about 1,200 sections of bills over his eight years in office, about twice the number challenged by all previous presidents combined, according to data compiled by Christopher Kelley, a political science professor at Miami University in Ohio."
Read more about this topic: Signing Statement
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