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Professor Boardman Testifies on Hill, Cited in New York Times Article

A New York Times article concerning President Bush's use of signing statements, memorandums issued with legislation as he signs it, cited a defense of Bush's practice by Professor Michelle Boardman, currently on leave and serving as a deputy assistant attorney general. The debate over use of signing statements is part of an ongoing struggle between Congress and the White House in which Senator Arlen Specter, Chairman of the Senate Judiciary Committee, has been particularly critical of Bush's use of the signing statements, according to the article.

Bush's Use of Authority Riles Senator, The New York Times, June 28, 2006. By Kate Zernike.

Excerpt:
"Michelle Boardman, a deputy assistant attorney general, said the statements were 'not an abuse of power.'

"Rather, Ms. Boardman said, the president has the responsibility to make sure the Constitution is upheld. He uses signing statements, she argued, to 'save' statutes from being found unconstitutional. And he reserves the right, she said, only to raise questions about a law 'that could in some unknown future application' be declared unconstitutional.

'It is often not at all the situation that the president doesn't intend to enact the bill,' Ms. Boardman said."

Read the article

June 27, 2006
STATEMENT OF MICHELLE E. BOARDMAN,
DEPUTY ASSISTANT ATTORNEY GENERAL,
OFFICE OF LEGAL COUNSEL, UNITED STATES DEPARTMENT OF JUSTICE, BEFORE THE COMMITTEE ON THE JUDICIARY, UNITED STATES SENATE, ON PRESIDENTIAL SIGNING STATEMENTS