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29 - Presidential Signing Statement

Published online by Cambridge University Press:  05 June 2012

Steven S. Smith
Affiliation:
Washington University, St Louis
Jason M. Roberts
Affiliation:
University of North Carolina, Chapel Hill
Ryan J. Vander Wielen
Affiliation:
Temple University, Philadelphia
Steven S. Smith
Affiliation:
Washington University, St Louis
Jason M. Roberts
Affiliation:
University of North Carolina, Chapel Hill
Ryan J. Vander Wielen
Affiliation:
Temple University, Philadelphia
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Summary

Signing statements are written declarations issued by the president at the time of signing legislation that indicate to Congress how he intends to direct his administration in the implementation of the law. In practice, presidents in recent history have controversially used signing statements to reject sections of statutes without vetoing the legislation in its entirety.

PRESIDENT's STATEMENT ON SIGNING OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, AND HURRICANE RECOVERY, 2006

Today, I have signed into law H.R. 4939, the “Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006.” The Act provides additional resources needed to fight the war on terror, help citizens of the Gulf States recover from devastating hurricanes, and protect Americans from a potential influenza pandemic.

Sections 1209 and 2202 of the Act prohibit use of certain funds appropriated in the Act to initiate new start programs unless the congressional defense committees receive advance written notice. The Supreme Court of the United States has stated that the President's authority to classify and control access to information bearing on the national security flows from the Constitution and does not depend upon a legislative grant of authority. Although the advance notice contemplated by sections 1209 and 2202 can be provided in most situations as a matter of comity, situations may arise, especially in wartime, in which the President must act promptly under his constitutional grants of executive power and authority as Commander in Chief of the Armed Forces while protecting certain extraordinarily sensitive national security information.

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Publisher: Cambridge University Press
Print publication year: 2008

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