Resolved, Presidential Signing Statements Threaten to Undermine the Rule of Law and the Separation of Powers

Abstract

This short piece, part of a debate with Peter Shane, argues that presidential signing statements do not threaten the rule of law and the separation of powers. It discusses the theory and practice of signing statements, and concludes that President Obama rightly rejected the position taken by the American Bar Association when it denounced President Bush for his use of signing statements.

Keywords: ABA, Alexander Hamilton, Barack Obama, Constitutional Convention, Declaration of Independence, GAO, George W. Bush, George Washington, James Madison, Marbury v. Madison, obligation, presentment, Supreme Court, take care clause, Thomas Jefferson, unconstitutional, veto