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Presidential signing statements

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Presidential signing statements발음듣기

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[Narrator] What we're going to do in this video is talk about presidential signing statements.발음듣기

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And these are statements that presidents issue when they are signing a bill into law.발음듣기

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They don't always do this.발음듣기

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In fact, it was quite infrequent for a very long time.발음듣기

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The first signing statement was issued by James Monroe.발음듣기

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But it was quite infrequent until we get to the modern times.발음듣기

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And starting with Ronald Reagan, they become much more common for presidents of both parties.발음듣기

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And even though it is not considered by legal scholars to be legally binding.발음듣기

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So, not legally binding, presidents still do it.발음듣기

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And they have multiple reasons.발음듣기

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Sometimes, it acts as a bit of an explainer for why they are signing the law.발음듣기

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They might say how great the law is, why they think it's a good idea.발음듣기

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But sometimes, they also say what problems there are in the law.발음듣기

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And in an extreme case, they can sometimes say that there are parts of the law that are unconstitutional.발음듣기

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And those parts that are unconstitutional the Executive Branch might not follow exactly the way the law states.발음듣기

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Well an obvious question is, if it's not legally binding why does the President even take the trouble?발음듣기

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Well, the explainer purpose might be political, or it might rally up the base.발음듣기

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But issuing a statement on the problems it's the President's way of signaling to the entire Executive Branch and to Congress that.발음듣기

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Hey, look, don't be surprised when I don't follow the letter of the law of the parts that I think are unconstitutional.발음듣기

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And to make this tangible, let's look at some actual signing statements.발음듣기

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This is a signing statement by President George W. Bush in 2006.발음듣기

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Today, I have signed into law H.R. 972 the Trafficking Victims Reauthorization Act of 2005.발음듣기

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This act enhances our ability to combat trafficking in persons by extending and improving prosecutorial and diplomatic tools, and also adds new protections for victims.발음듣기

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So that part's kind of an explainer.발음듣기

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But then it goes on to say, Section 104 purports to require the Secretary of State prior to voting for a new or reauthorized peacekeeping mission under the auspices of a multilateral organization to submit to the Congress a specific report.발음듣기

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The Executive Branch shall construe this reporting requirement in a manner consistent with the President's Constitutional authority as Commander in Chief and the President's constitutional authority to conduct the Nation's foreign affairs.발음듣기

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And so what they're saying is, hey hold on a second here, Congress.발음듣기

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You want our Secretary of State, before making this decision, to submit a report every time?발음듣기

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You're kind of starting to muck with how the Executive Branch executes there.발음듣기

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So this is signaling a bit to the Congress as, hey, don't be surprised if we don't follow this exactly the way that you are expecting.발음듣기

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You have a similar tone in an executive order from President Obama in 2009.발음듣기

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Today, I have signed into law H.R. 1105 the Omnibus Appropriations Act, 2009.발음듣기

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This bill completes the work of last year by providing the funding necessary for the smooth operation of our Nation's Government.발음듣기

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So once again, a bit of an explainer.발음듣기

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But then it goes on to say, the Department of Justice has advised that a small number of provisions of the bill raise constitutional concerns.발음듣기

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And then it goes on to list actually several bullet points and I'm just going to give you one of them, just so you get a sense of things.발음듣기

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Legislative aggrandizements committee approval requirements.발음듣기

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So, when you aggrandize yourself it's making yourself more than you really are.발음듣기

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And so a legislative aggrandizement is the legislative branch trying to go beyond their legislative powers.발음듣기

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Numerous provisions of the legislation purport to condition the authority of officers to spend or reallocate funds on the approval of congressional committees.발음듣기

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These are impermissible forms of legislative aggrandizement in the execution of the laws other than by enactment of statutes.발음듣기

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Therefore, although my administration will notify the relevant committees before taking the specified actions.발음듣기

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And will accord the recommendations of such committees all appropriate and serious consideration spending decisions shall not be treated as dependent on the approval of congressional committees.발음듣기

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So, here in this signing statement President Obama's saying, look this is overstepping the bounds of legislative authority to tell us how we will spend these things.발음듣기