Signing Statement Early History in the United States

Early History of Signing Statements

Introduction to Signing Statement Early History

James Monroe is believed to be the first president to issue a signing statement. Monroe was also one of the few 19th century presidents to use such a statement to express disagreement with a law. Monroe singled out a provision in a bill that dictated how the president should select military officers. In his statement he argued that only the president, not Congress, had the power to appoint military officers. Similarly, President Andrew Jackson in 1830 wrote a signing statement objecting to an appropriations bill that called for the extension of a road from Detroit to Chicago. In 1840 President John Tyler disagreed with the way Congress apportioned congressional districts. Although disagreements were aired, none of these early statements resulted in a presidential refusal to comply with the law.

The practice of identifying disagreements with certain provisions of a law continued into the 1900s. In some cases presidents indicated how they were “interpreting” a law, particularly when they believed Congress had exceeded its authority and was trampling on prerogatives of the executive branch. For example, President Ulysses S. Grant “interpreted” a law calling for the closing of some of the nation’s diplomatic and consular offices as merely indicating when the officials in those offices would no longer be compensated. Similar “interpretations” would be issued in presidential signing statements throughout the 20th century.” (1)

Resources

Notes and References

• Information about Signing Statement Early History in the Encarta Online Encyclopedia

Guide to Signing Statement Early History