Which candidate will hoard executive power the least?

A common lament of the Bush administration has been it’s relentless drive to accumulate more tools of power for the executive branch. One might assume that this problem would be corrected in a new administration — particularly since the remaining candiates are based in the Senate, a body that has seen its influence over the ...

By , a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University and co-host of the Space the Nation podcast.

A common lament of the Bush administration has been it's relentless drive to accumulate more tools of power for the executive branch. One might assume that this problem would be corrected in a new administration -- particularly since the remaining candiates are based in the Senate, a body that has seen its influence over the executive branch on the wane in recent years. It's a funny thing, however, about becoming president -- the prerogatives of power that look so monarchical from the outside don't look so bad on the inside. So I find this Washington Post story by Michael Abramowitz to be particularly interesting: Asked by my colleague Glenn Kessler whether he would ever consider issuing a signing statement as president, Sen. McCain was emphatic: "Never, never, never, never. If I disagree with a law that passed, I'll veto it." The comment brought to life the question of whether President Bush's aggressive defense of presidential prerogatives will outlast his administration. Bush has been heavily criticized by lawmakers and others over his extensive use of signing statements, in which, rather than veto a bill, he makes it clear he will not be bound by what he considers unconstitutional provisions included by Congress. All three of the leading presidential contenders have suggested they would take a different approach than Bush: What's striking is that McCain appears perhaps even more radical than his Democratic rivals in adopting a seemingly ironclad refusal to issue signing statements. If he truly were to follow that approach, it would represent a sharp break in presidential practice, according to lawyers on both sides of the ideological divide. Responding to a questionnaire late last year by the Boston Globe, Sens. Barack Obama (D-Ill.) and Hillary Rodham Clinton (D-N.Y.) made clear their view that Bush has gone too far in issuing signing statements -- but that there are circumstances in which such statements are necessary. "The problem with this administration is that it has attached signing statements to legislation in an effort to change the meaning of the legislation, to avoid enforcing certain provisions of the legislation that the President does not like, and to raise implausible or dubious constitutional objections to the legislation," Obama answered. But, he added: "No one doubts that it is appropriate to use signing statements to protect a president's constitutional prerogatives." In her own Globe questionnaire, Clinton made a similar point about legal issues. "I would only use signing statements in very rare instances to note and clarify confusing or contradictory provisions, including provisions that contradict the Constitution," she wrote. "My approach would be to work with Congress to eliminate or correct unconstitutional provisions before legislation is sent to my desk."This is of a piece with what McCain said late last year.

A common lament of the Bush administration has been it’s relentless drive to accumulate more tools of power for the executive branch. One might assume that this problem would be corrected in a new administration — particularly since the remaining candiates are based in the Senate, a body that has seen its influence over the executive branch on the wane in recent years. It’s a funny thing, however, about becoming president — the prerogatives of power that look so monarchical from the outside don’t look so bad on the inside. So I find this Washington Post story by Michael Abramowitz to be particularly interesting:

Asked by my colleague Glenn Kessler whether he would ever consider issuing a signing statement as president, Sen. McCain was emphatic: “Never, never, never, never. If I disagree with a law that passed, I’ll veto it.” The comment brought to life the question of whether President Bush’s aggressive defense of presidential prerogatives will outlast his administration. Bush has been heavily criticized by lawmakers and others over his extensive use of signing statements, in which, rather than veto a bill, he makes it clear he will not be bound by what he considers unconstitutional provisions included by Congress. All three of the leading presidential contenders have suggested they would take a different approach than Bush: What’s striking is that McCain appears perhaps even more radical than his Democratic rivals in adopting a seemingly ironclad refusal to issue signing statements. If he truly were to follow that approach, it would represent a sharp break in presidential practice, according to lawyers on both sides of the ideological divide. Responding to a questionnaire late last year by the Boston Globe, Sens. Barack Obama (D-Ill.) and Hillary Rodham Clinton (D-N.Y.) made clear their view that Bush has gone too far in issuing signing statements — but that there are circumstances in which such statements are necessary. “The problem with this administration is that it has attached signing statements to legislation in an effort to change the meaning of the legislation, to avoid enforcing certain provisions of the legislation that the President does not like, and to raise implausible or dubious constitutional objections to the legislation,” Obama answered. But, he added: “No one doubts that it is appropriate to use signing statements to protect a president’s constitutional prerogatives.” In her own Globe questionnaire, Clinton made a similar point about legal issues. “I would only use signing statements in very rare instances to note and clarify confusing or contradictory provisions, including provisions that contradict the Constitution,” she wrote. “My approach would be to work with Congress to eliminate or correct unconstitutional provisions before legislation is sent to my desk.”

This is of a piece with what McCain said late last year.

Daniel W. Drezner is a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University and co-host of the Space the Nation podcast. Twitter: @dandrezner

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