Presidential Signing Statements Started with James Monroe

Regarding The Postal Accountability and Enhancement Act, (H.R. 6407) signed into law on December 20.

This is one of the signing statements added to the bill by Mr. Bush. (The entire statement [Link] )

The executive branch shall construe subsection 404(c) of title 39, as enacted by subsection 1010(e) of the Act, which provides for opening of an item of a class of mail otherwise sealed against inspection, in a manner consistent, to the maximum extent permissible, with the need to conduct searches in exigent circumstances, such as to protect human life and safety against hazardous materials, and the need for physical searches specifically authorized by law for foreign intelligence collection.

Press Secretary Tony Snow said yesterday that the government needs this power to inspect mail in cases of emergency.

The concern being expressed by many is in the White House definition of emergency. Some fear it may be whatever Bush want it to be.

Presidential signing statements can be traced back to James Monroe. The American Presidency Project [Link] has a lot of information about signing statements issued by many past presidents and the particular concern with statements issued by President Bush.

The ACLU calls the signing statement "deliberate ambiguity".

Senator Charles Schumer, D-NY :

"This last-minute, irregular and unauthorized reinterpretation of a duly passed law is the exact type of maneuver that voters so resoundingly rejected in November."

Senator Susan Collins of Maine, Republican sponsor of the bill:

"It is my hope that the administration will clarify its intent with this recent statement,"

Sen. Hillary Clinton, D-NY, says Bush is:

"willing to circumvent those legal protections intended to safeguard both our citizens' privacy and our national security."