Until the 1980s, signing statements were typically rhetorical – taking credit for legislation, or denouncing elements of it when the president was not inclined to veto the entire bill. Controversy has arisen in recent years as presidents, particularly President George W. Bush, have used signing statements to undermine the intent of the law just signed. Many scholars have equated signing statements that attempt to nullify a portion of the law with the line item veto, which was ruled to be unconstitutional by the Supreme Court in 1998. President Bush issued signing statements on more than 750 laws. Following are examples found by a Boston Globe investigation:
March 9, 2006: Justice Department officials must give reports to Congress by certain dates on how the FBI is using the USA Patriot Act to search homes and secretly seize papers. Bush's signing statement: The president can order Justice Department officials to withhold any information from Congress if he decides it could impair national security or executive branch operations. Dec. 30, 2005: US interrogators cannot torture prisoners or otherwise subject them to cruel, inhuman, and degrading treatment. Bush's signing statement: The president, as commander in chief, can waive the torture ban if he decides that harsh interrogation techniques will assist in preventing terrorist attacks. Dec. 30, 2005: When requested, scientific information ''prepared by government researchers and scientists shall be transmitted [to Congress] uncensored and without delay." Bush's signing statement: The president can tell researchers to withhold any information from Congress if he decides its disclosure could impair foreign relations, national security, or the workings of the executive branch. Aug. 8, 2005: The Department of Energy, the Nuclear Regulatory Commission and its contractors may not fire or otherwise punish an employee whistle-blower who tells Congress about possible wrongdoing. Bush's signing statement: The president or his appointees will determine whether employees of the Department of Energy and the Nuclear Regulatory Commission can give information to Congress. Oct. 29, 2004: Defense Department personnel are prohibited from interfering with the ability of military lawyers to give independent legal advice to their commanders. Bush's signing statement: All military attorneys are bound to follow legal conclusions reached by the administration's lawyers in the Justice Department and the Pentagon when giving advice to their commanders. Aug. 5, 2004: The military cannot add to its files any illegally gathered intelligence, including information obtained about Americans in violation of the Fourth Amendment's protection against unreasonable searches. Bush's signing statement: Only the president, as commander in chief, can tell the military whether or not it can use any specific piece of intelligence.
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