Signing Statements and the President's Authority to Refuse to Enforce the Law
Neil Kinkopf
President Bush has used presidential signing statements to state his intent to refuse to enforce provisions of laws passed by Congress over 750 times, more often than all of his predecessors' combined. In this ACS issue brief, entitled "Signing Statements and the President’s Authority to Refuse to Enforce the Law," Professor Neil Kinkopf of Georgia State University College of Law discusses whether and when the President may refuse to enforce a law that the President regards as unconstitutional. Professor Kinkopf suggests that, among other things, such refusal stands in deep tension with the Constitution, and can actually prevent the resolution of questions about the constitutionality of a statute. He also notes that it challenges the power of the other two branches: both Congress, which enacted the measures; and the Courts, charged ultimately with determining their constitutionality. He shows that the assertion of this power has become such common practice in the current Administration that many of the objections are simply boilerplate. Finally, Professor Kinkopf concludes that, "[i]f the President may dispense with application of laws by concocting a constitutional objection, we will quickly cease to live under the rule of law."
| Attachment | Size |
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| Kinkopf-Signing Statements-Jun 2006-Advance Vol 1.pdf | 75.2 KB |
