Presidential signing statements: Executive aggrandizement, judicial ambivalence and congressional vituperation

This paper provides an overview of the ongoing controversy pertaining to the issuance of presidential signing statements, with a focus on the constitutional basis for, and historical usage of, these instruments. In addition to evaluating the nature and substance of signing statements that have been issued by presidents since the Reagan Administration, this review will address the issue of judicial reliance on signing statements in statutory interpretation, as well as the potential for signing statements to alter the balance of power between Congress and the executive branch. The ultimate goal of this review is to illustrate that the current political controversy surrounding the signing statement as a presidential instrument is almost entirely misplaced and has largely drawn attention away from substantive consideration of the expansive view of executive authority that characterizes the signing statements of President George W. Bush.