Congresswoman Jackson lee Introduces CLAP Legislation

[Press Release from Congresswoman Sheila Jackson Lee (D-Houston), TX-CD-18]

Washington, DC—Deeply troubled by the Bush Administration’s increasing reliance upon bill signing statements to interpret laws passed by the Congress so they will mean what the Administration rather than the Congress intends, Congresswoman Sheila Jackson Lee of Texas announced today her intention to introduce the “Congressional Lawmaking Authority Protection Act” or “CLAP Act” in the House of Representatives this week.

Congresswoman Jackson Lee’s legislation achieves two purposes.  First, it preserves the separation of powers intended by the Framers by preventing the President from encroaching upon the Congressional prerogative to make law.  Second, it bars federal and state executive or independent agencies and federal and state judges from attaching any legal significance to any presidential signing statement when construing any law enacted by the Congress.

“Presidential signing statements seek to alter Congress’ primacy in the legislative process by giving the President’s intention in signing the bill equal or greater standing to Congress’ intention in enacting the bill.  This would be a radical, indeed revolutionary, change to our system of separated powers and checks and balances,” said Congresswoman Jackson Lee.

Bill signing statements eliminate the need for a president ever to exercise the veto since he could just interpret the bill he signs in such a way to make it unobjectionable to him. Such actions deprive Congress of the chance to consider the president’s objections, override the veto, and in the process make it clear that the president’s position is rejected by an overwhelming majority of the people’s representatives.  Since few presidents wish to suffer a humiliation so public they work closely with members of Congress and are amenable to negotiation and compromise. This is precisely the type of competitive cooperation the Constitution contemplates and which bill signing statements threaten.

“The ultimate objective of a presidential signing statement is to short-circuit the normal process of consultation, negotiation, and compromise.  That is why they should not be tolerated.  This is why they should be banned in all but the most innocuous cases,” said Congressman Jackson Lee.

Specifically, Congresswoman Jackson Lee’s legislation prohibits the expenditure of federal funds to produce, publish, or disseminate any statement made by the President contemporaneously with the signing of any bill or joint resolution that contradicts or is inconsistent with the intent of Congress in enacting the law.