Presidential Signing Statements Act of 2009

Presidential Signing Statements Act of 2009 - Prohibits any state or federal court from relying on or deferring to a presidential signing statement as a source of authority when determining the meaning of any Act of Congress.

Requires any federal or state court, in any action, suit, or proceeding regarding the construction or constitutionality, or both, of any Act of Congress in which a presidential signing statement was issued, to permit the Senate, through the Office of Senate Legal Counsel, or the House, through the Office of General Counsel for the House, or both, to participate as an amicus curiae, and to present an oral argument on the question of the Act's construction or constitutionality, or both.

Authorizes the full Congress, in any such suit, to pass a concurrent resolution declaring its view of the proper interpretation of the Act of Congress at issue, clarifying Congress's intent or its findings of fact, or both.

Requires the federal or state court in question to permit Congress, through the Office of Senate Legal Counsel, to submit any such passed resolution into the record of the case as a matter of right.

Makes it the duty of each federal or state court, including the U.S. Supreme Court, to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this Act.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 875 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 875

To regulate the judicial use of presidential signing statements in the 
                  interpretation of Acts of Congress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2009

Mr. Specter (for himself, Mr. Tester, and Mr. Grassley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To regulate the judicial use of presidential signing statements in the 
                  interpretation of Acts of Congress.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Signing Statements Act 
of 2009''.

SEC. 2. DEFINITION.

    As used in this Act, the term ``presidential signing statement'' 
means a statement issued by the President about a bill, in conjunction 
with signing that bill into law pursuant to article I, section 7, of 
the Constitution.

SEC. 3. JUDICIAL USE OF PRESIDENTIAL SIGNING STATEMENTS.

    In determining the meaning of any Act of Congress, no Federal or 
State court shall rely on or defer to a presidential signing statement 
as a source of authority.

SEC. 4. CONGRESSIONAL RIGHT TO PARTICIPATE IN COURT PROCEEDINGS OR 
              SUBMIT CLARIFYING RESOLUTION.

    (a) Congressional Right To Participate as Amicus Curiae.--In any 
action, suit, or proceeding in any Federal or State court (including 
the Supreme Court of the United States), regarding the construction or 
constitutionality, or both, of any Act of Congress in which a 
presidential signing statement was issued, the Federal or State Court 
shall permit the United States Senate, through the Office of Senate 
Legal Counsel, as authorized in section 701 of the Ethics in Government 
Act of 1978 (2 U.S.C. 288), or the United States House of 
Representatives, through the Office of General Counsel for the United 
States House of Representatives, or both, to participate as an amicus 
curiae, and to present an oral argument on the question of the Act's 
construction or constitutionality, or both. Nothing in this section 
shall be construed to confer standing on any party seeking to bring, or 
jurisdiction on any court with respect to, any civil or criminal 
action, including suit for court costs, against Congress, either House 
of Congress, a Member of Congress, a committee or subcommittee of a 
House of Congress, any office or agency of Congress, or any officer or 
employee of a House of Congress or any office or agency of Congress.
    (b) Congressional Right To Submit Clarifying Resolution.--In any 
suit referenced in subsection (a), the full Congress may pass a 
concurrent resolution declaring its view of the proper interpretation 
of the Act of Congress at issue, clarifying Congress's intent or 
clarifying Congress's findings of fact, or both. If Congress does pass 
such a concurrent resolution, the Federal or State court shall permit 
the United States Congress, through the Office of Senate Legal Counsel, 
to submit that resolution into the record of the case as a matter of 
right.
    (c) Expedited Consideration.--It shall be the duty of each Federal 
or State court, including the Supreme Court of the United States, to 
advance on the docket and to expedite to the greatest possible extent 
the disposition of any matter brought under subsection (a).
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