President Trump and the Presidential Signing Statement

• In Event: The Unilateral Presidency

Abstract

Donald Trump has revived the presidential signing statement that had been placed on the back burner of presidential power tools as a result of the negative attention that came from George W. Bush's broad claims of power to negate provisions of bills he signed into law. Furthermore, President Obama laid out a policy where he would restrain his use of the signing statement when confronted with laws he did not like. With President Trump, the signing statement fits into his affinity for any action that allows him to get his way. As a result, the use of the signing statement to challenge the constitutionality of provisions of bills he has signed has once again skyrocketed. In his first two years alone, with unified control of Congress, he has shot to the top of the list of challenges when compared to Presidents Reagan-Obama. And with divided government, not to mention the swirling crisis that surrounds his administration, it is likely that those challenges will continue to climb. What this paper will offer is a first look at how President Trump has used the signing statement through his first two years, as well as how his usage compares to previous presidents, from Reagan through Obama. For instance, President Trump has been much more likely to reference previous presidential signing statements when making claims to power, which sets out a legal justification akin to precedent. In addition, President Trump also has claimed authority under the "unitary executive" when making his challenges--something that was common in the Bush administration. This paper will allow us the opportunity to see in what ways President Trump is like other presidents, as well as how he differs.

Author

• Christopher S. Kelley, Miami University