Constraining Presidential Ambition: Controversy and the Decline of Signing Statements

Abstract

Although signing statements have been touted as a powerful addition to the president's toolkit, their use has dropped off considerably in recent years. We argue that this decrease can be explained by the changing costs of using signing statements. In particular, we posit that Congress' response to signing statements, which included committee hearings on the use of signing statements, raised the costs of this tool above any potential benefits. Investigating over 650 presidential signing statements among over 1,800 public laws, we find that public and congressional outcry influenced the issuance of signing statements and helps explain their decreased use.