Presidential Bill Signing Statements - Purposes and Legality

Presidential Bill Signing Statements - Purposes and Legality A bill signing statement is an optional written directive issued by the President of the United States upon signing a bill into law. Signing statements are typically printed along with the text of the bill in the United States Code Congressional and Administrative News (USCCAN). Signing statements typically begin with the phrase â€Å"This bill, which I have signed today†¦Ã¢â‚¬  and continue with a synopsis of the bill and several paragraphs of often-political commentary on how the bill should be enforced. In his article Imperial Presidency 101-the Unitary Executive Theory, Civil Liberties Guide Tom Head refers to presidential signing statements as being documents in which the president signs a bill but also specifies which parts of a bill he or she actually intends to enforce. On the face of it, that sounds terrible. Why even have Congress go through the legislative process if presidents can unilaterally re-write the laws it enacts? Before flatly condemning them, there are some things you need to know about presidential signing statements. Source of the Power   The presidents legislative power to issue signing statements is based in Article II, Section 1 of the U.S. Constitution, which states that the president shall take Care that the Laws be faithfully executed... Signing statements are considered to be one way in which the president faithfully executes the laws passed by Congress. This interpretation is supported by the U.S. Supreme Courts 1986 decision in the case of Bowsher v. Synar, which held that ... interpreting a law enacted by Congress to implement the legislative mandate is the very essence of execution of the law. Purposes and effect of signing statements In 1993, the Department of Justice attempted to define the four purposes for presidential signing statements and the constitutional legitimacy of each: To simply explain what the bill will do and how it will benefit the people: No controversy here.To instruct the responsible Executive Branch agencies on how the law should be administered: This use of signing statements, says the Justice Department, is constitutional and is upheld by the Supreme Court in Bowsher v. Synar. Executive Branch officials are legally bound by the interpretations contained in presidential signing statements.To define the presidents opinion of the laws constitutionality: More controversial than the first two, this use of the signing statement typically has one of at least three sub-purposes: to identify certain conditions under which the president thinks all or parts of the law could be ruled unconstitutional; to frame the law in a manner that would save it from being declared unconstitutional; to state that the entire law, in the presidents opinion, unconstitutionally usurps his authority and that he will refuse to enforce it.Through Republican and Democrati c administrations, the Department of Justice has consistently advised presidents that the Constitution gives them the authority to refuse to enforce laws they believed to be clearly unconstitutional, and that expressing their intent through a signing statement is a valid exercise of their constitutional authority.On the other hand, it has been argued that it is the president’s constitutional duty to veto and refuse to sign bills he or she believes to be unconstitutional. In 1791, Thomas Jefferson, as the nation’s first Secretary of State, advised President George Washington that the veto â€Å"is the shield provided by the constitution to protect against the invasions of the legislature [of] 1. the rights of the Executive 2. of the Judiciary 3. of the states and state legislatures.† Indeed, past presidents including Jefferson and Madison have vetoed bills on constitutional grounds, even though they supported the bills’ underlying purposes. To create a type of legislative history intended to be used by the courts in future interpretations of the law: Criticized as an attempt by the president to actually invade Congress turf by taking an active part in the law-making process, this is clearly the most controversial of all the uses for signing statements. The president, they argue, attempts to amend legislation passed by Congress through this type of signing statement. According to the Justice Department, the legislative history signing statement originated in the Reagan Administration. In 1986, then-Attorney General Meese entered into an arrangement with the West Publishing Company to have presidential signing statements published for the first time in the U.S. Code Congressional and Administrative News, the standard collection of legislative history. Attorney General Meese explained the purpose of his actions as follows: To make sure that the Presidents own understanding of whats in a bill is the same . . . or is given consideration at the time of statutory construction later on by a court, we have now arranged with the West Publishing Company that the presidential statement on the signing of a bill will accompany the legislative history from Congress so that all can be available to the court for future construction of what that statute really means. The Department of Justice offers views both supporting and condemning presidential signing statements through which presidents seems to take an active role in the lawmaking process: In Support of Signing Statements  Ã‚   The president has a constitutional right and political duty to play a integral role in the legislative process. Article II, Section 3 of the Constitution requires that the president shall from time to time recommend to [Congress] Consideration such Measures as he shall judge necessary and expedient. Further, Article I, Section 7 requires that to become and actual law, a bill requires the presidents signature. If he [the president] approve it he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated. In his widely acclaimed The American Presidency, 110 (2d ed. 1960), author Clinton Rossiter, suggests that over time, the president has become a sort of prime minister or third House of Congress. . . . [H]e is now expected to make detailed recommendations in the form of messages and proposed bills, to watch them closely in their tortuous progress on the floor and in committee in each house, and to use every honorable means within his power to persuade . . . Congress to give him what he wanted in the first place. Thus, suggests the Justice Department, it may be appropriate for the president, through signing statements, to explain what his (and Congress) intention was in making the law and how it will be implemented, particularly if the administration had originated the legislation or played a significant part in moving it through Congress. Opposing Signing Statements The argument against a president using signing statements to alter Congress intent as to meaning and enforcement of new laws is once again based in the constitution. Article I, Section 1 clearly states, All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Not in a Senate and House and a president. Along the long road of committee consideration, floor debate, roll call votes, conference committees, more debate and more votes, the Congress alone creates the legislative history of a bill. It can also be argued that by attempting to reinterpret or even nullify parts of a bill which he has signed, the president is exercising a type of line-item veto, a power not currently bestowed on presidents. Tough the practice pre-dates his administration, some of the signing statements issued by President George W. Bush were criticized for including language that too extensively changing the meaning of the bill. In July 2006, a task force of the American Bar Association stated that the use of signing statements to modify the meaning of duly enacted laws serves to â€Å"undermine the rule of law and our constitutional system of separation of powers.† Summary The recent use of presidential signing statements to functionally amend legislation passed by Congress remains controversial and is arguably not within the scope of powers granted to the president by the Constitution. The other less controversial uses of signing statements are legitimate, can be defended under the Constitution and can be useful in the long-term administration of our laws. Like any other power, however, the power of presidential signing statements can be abused.

Harvard Essay Format

Harvard Essay Format Harvard Style Paper Guidelines Harvard Style Cover Page Harvard essay format is very specific and organized. It requires a very particular title page with the following instructions: The title of the paper is placed halfway down the page and written in capital letters. After the title, three lines down write the name of the author in small letters. Move four lines down and place the name of the class. Move one line down put the name of the professor. The next line entails the name of the school. Then move to the next and write the city and state located and the final line should have the date. The cover page of the Harvard essay format gives you all the information one needs to know about the author in question. There are several key components to note when using the Harvard format. The title in a Harvard essay format is right justified. A partial title expresses the main idea in the essay between it, and the page number is exactly five spaces. The Harvard essay format cover sheet would like roughly like this: The Harvard Essay Template by (Name of the author) Name of the Class (Course) Professor Name of University City and State where university is located Date Here are other essay formatting styles: APA ESSAY FORMAT MLA ESSAY FORMAT Paragraphs in a Harvard Format Essay The Harvard essay format paragraphs are highly structured. The first section of the article is supposed to be captivating and entertaining. The article may begin  with a lively quotation or an interesting fact and information that sheds light on the essay in question. The introduction should smoothly lead to the thesis statement. The thesis statement refers to the main idea of the sentence and a summary of what the article body entails. The first sentence in the body paragraph should tell the reader what the paragraph is discussing. The topic sentence is followed by supporting facts that relate to it. The details in the supporting sentences can be facts, quotations or analysis. The paragraph then concludes with a sentence that summarizes what the paragraph is about and leads into the next section smoothly. Subheadings can also be used to introduce new subtopics and are italicized. Transition between the Paragraphs Writing an article using the Harvard format one should show the transition from one paragraph to the next and these paragraphs should be interconnected. The topic should gradually grow from one point to the next. A paragraph in Harvard format has three parts: The topic sentence Supporting details   Closing sentence form Citations in a Harvard Style Paper One can use in-text citations. With the Harvard style, a quote uses the authors name and first initial, year of publication and page number where the information appears. Citation for each fact is provided, if not it is considered plagiarism which is a serious offense. In-text citations for example from J. K. Rowling book published in 2004 page 45 would look like (Rowling J.K,2004,45).These quotes make the Harvard format essay easy to understand and comprehend as one read. Harvard style uses a standard font such as Times New Roman or Arial at size 12.  Fancy fonts are not allowed because the Harvard format is used in writing outstanding academic and research essays. The essay should be double-spaced  with smooth left margins. In the Harvard format titles of journals, newspapers or books or websites are italicized in in-text citations while that of poems and short stories is written in quotation marks.  This helps readers know what they are referring to read quickly through an essay written in the Harvard format. Conclusion The conclusion of a Harvard format essay is vital and should be written with high accuracy understanding and mastery. The first sentence of the conclusion is used to put emphasis on the thesis statement and remind the reader what the essay has proved showed or theorized. After the first sentence provides brief information of the main points that were discussed throughout the whole piece to encourage remembrance of the most important points that were discussed. It mainly involves a summary of the main points of the article in other words. The essay should then finish with an outstanding powerful message that leaves the reader still thinking minutes or hours after they have finished reading the article. The conclusion is followed by the reference page which consists of the reference list and is placed in its page known as the reference page. The general format of a Harvard essay referencing is referenced as follows: Book Authors Last Name, First Initial Year of publication The title of book (capitalized) City of Publication: Publisher