I agree. The use of signing statements is in fact nothing new, and the
media reports that previous presidents have rarely used them is
incorrect. (My wife is tired of my talking back to the TV every time
they say that.)
I think what is happening is that the media is distinguishing between
written statements and press conferences where the President gives a
speech while signing a bill. However, the courts have traditionally not
made this distinction.
The question is whether the written statement constitutes an executive
order, and that is a very different question.
--Bryan M. Carson
-- Bryan M. Carson, J.D., M.I.L.S. Associate Professor Coordinator of Reference and Instructional Services Associated Faculty--Library Media Education Program Western Kentucky University Libraries 1906 College Heights Blvd. #11067, Bowling Green, Kentucky 42101-11067 Phone: 270-745-5007; Fax: 270-745-2275 bryan.carson@wku.eduAll original content copyright 2006 Bryan M. Carson
Laura Orr wrote: > Greetings to all law librarian teachers of legislative history - and at > the risk of exposing myself publicly to be an idiot, an incompetent, and > a fake ... > > How are you now incorporating the presence and use of signing statements > into your lessons on legislative history? We law librarians are not, at > least not most of us, legal scholars, but we are on the front line when > it comes to teaching law students legislative history and other legal > research skills. The debate raging on the news and the web over signing > statements has me confused, although it may be (and may be highly > likely) that I am misunderstanding it. > > When I taught oodles and oodles of legislative history classes back in > my academic law library years, I would always include a discussion of > signing statements (making it clear that they were not strictly speaking > legislative history). Way back then (the 1990's :-), we understood that > signing statements could, under some circumstances, be useful in > understanding legislative and executive intent, but THEY ARE NOT LAW and > have never been any more than statements on the Senate or House floor > and printed in the Congressional Record are (and we know about *those*). > > A President could include in a signing statement a declaration that all > law librarians are henceforth enemies of the state and as such lack any > protections under the constitution, but THAT WOULDN'T MAKE IT LAW. > Eyebrows might be raised, the signing statement might be cited to > (though likely more in the context of insanity, or simply > inanity, rather than legislative/executive intent), but it DOESN'T MAKE > IT LAW. Or does it in this new decade, the Zeros (or is it really > 1937)? Have Presidential Signing Statements been elevated to the status > of Executive Orders and other such executive/administrative laws? Is > that what this debate is about and have I just not been reading the > right articles or listening to the right pundits? Was there a Signing > Statement (or perhaps an Executive Order) declaring that Signing > Statements now have the force of law? > > Am I missing something else or have I been missing it all along? No, > I'm not missing the fact that, among other things, 750+ signing > statements contrary to duly and properly enacted law and legislative > intent really IS newsworthy, but that still doesn't make them law (at > least not statutory law), which seems to be why a lot of people > (especially non-lawyers, journalists?) are getting their knickers in a > twist. Should mine be as well? They already are for other reasons that > shall remain private (and speaking of privacy ... !), but not over this. > > Has my brain atrophied after leaving the ivory tower (yes, you may say > yes :-)? I'm not really in never-never-land out here in Oregon, am I? > Since when are Signing Statements law? Should I be teaching that they are? > > Yours forever in ignorant and Pollyanna bliss. > > Laura > > > Laura J. Orr > > Law Librarian > > Washington County Law Library > > 111 NE Lincoln Street > > Hillsboro, OR 97124 > > > > Phone: 503-846-8870 > > Fax: 503-846-3515 > > Email: laura_orr@co.washington.or.us <mailto:laura_orr@co.washington.or.us> > > Blog: http://oregonlegalresearch.blogspot.com/ > > > > > > >
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