Federal Federal File

Some Conditions May Apply

By Sean Cavanagh — August 08, 2006 1 min read
  • Save to favorites
  • Print

Four years ago, Congress approved a bill creating the Institute of Education Sciences, a retooling of the Department of Education’s research operations that lawmakers hoped would produce independent work, free of political influence.

But when President Bush signed the measure into law on Nov. 5, 2002, he issued a “signing statement” that appeared to place caveats on the law. It was one of many such statements the president has issued in signing bills, a practice that is now under attack from some lawmakers and legal scholars.

An American Bar Association task force issued a July 24 report rebuking the president for issuing signing statements that seek to “disregard or decline to enforce” approved legislation—in violation, the ABA argues, of the constitutional separation of powers between Congress and the executive branch.

Presidents have typically used signing statements to express their authority to interpret legislation to fit their own legal and constitutional preferences, often over the objections of lawmakers, the ABA report said. The ABA said Mr. Bush has issued signing statements that challenge about 800 legislative provisions—more than all other U.S. presidents combined.

Among the statements cited by the ABA is the one Mr. Bush issued with the Education Sciences Reform Act of 2002, which created the IES. That law, the ABA noted, says that the IES director may publish research “without the approval” of the U.S. secretary of education.

But Mr. Bush’s signing statement appears to flatly contradict that language, saying the IES director will be subject to “the supervision and direction” of the secretary. The statement also appears to assert the president’s authority over the IES director’s ability to set priorities for research.

Mr. Bush “has been particularly adamant about preventing any of his subordinates from reporting directly to Congress,” the ABA report said.

In June, White House Press Secretary Tony Snow said Mr. Bush’s signing statements were “really not all that out of line with previous administrations.”

IES Director Grover J. “Russ” Whitehurst said that neither Secretary of Education Margaret Spellings nor her predecessor, Rod Paige, had sought to control his agency’s research. Both have followed “the principle that the [IES] must be, and must be perceived to be, free of political interference and policy advocacy,” Mr. Whitehurst said in an e-mail.

Related Tags:

A version of this article appeared in the August 09, 2006 edition of Education Week

Events

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal The Principal Pipeline Could Contract Under New Federal Borrowing Caps
A new analysis finds that new student loan limits would hit prospective administrators hardest.
4 min read
Commencement Ceremony 25353687159009
Graduates of Maryland's Towson University celebrate their commencement during a ceremony on Dec. 17, 2025. A new analysis finds that educators studying to become administrators could be hit hardest by new federal caps on student borrowing for graduate students.
Robyn Stevens Brody/Sipa via AP Images
Federal See What's in Trump Commission's Religious Freedom Agenda for Schools
Panel recommends federal guidance on parents' opt-out rights, Ten Commandments displays, and other features.
8 min read
West Bloomfield team members huddle as defensive line coach Justin Ibe leads a team prayer before the game against Eisenhower, Friday, Oct. 21, 2022, in West Bloomfield, Mich.
West Bloomfield team members huddle as defensive line coach Justin Ibe leads a team prayer before a game Oct. 21, 2022, in West Bloomfield, Mich. A federal religious liberty commission recently called for "know your rights" posters to inform public school students of their rights to prayer and religious expression.
Carlos Osorio/AP
Federal Changes to Student Loans Took Effect July 1. Here's What to Know
The changes mean the end of some payment plans and new limits for graduate loans.
5 min read
People demonstrate in Lafayette Park across from the White House in Washington, June 30, 2023, after a sharply divided Supreme Court has ruled that the Biden administration overstepped its authority in trying to cancel or reduce student loan debts for millions of Americans.
People demonstrate in Lafayette Park across from the White House in Washington on June 30, 2023, after the Supreme Court ruled the Biden administration overstepped its authority in trying to cancel or reduce student loan debts. A range of student loan changes took effect July 1.
Andrew Harnik/AP
Federal Ed. Dept. Leaves Most K-12 Fields Off Expanded List of 'Professional' Degrees
Whether a degree is considered "professional" now determines how much graduate students can borrow.
4 min read
Graduates of the University of Texas Rio Grande Valley attend their commencement ceremony at the schools parking lot on Friday, May 7, 2021, in Edinburg, Texas. Graduate degrees, once touted as the new bachelor’s degrees, are becoming less crucial to get jobs. Today, more college graduates than ever hold advanced degrees, and graduate programs are the only area of higher education that saw enrollment increases during the worst of the pandemic.
Graduates of the University of Texas Rio Grande Valley attend their commencement ceremony in Edinburg, Texas, on May 7, 2021. The Trump administration has expanded its list of graduate degrees it considers "professional" for purposes of determining how much students can borrow to fund their studies.
Delcia Lopez/The Monitor via AP