Abstract

http://ssrn.com/abstract=1534713
 
 

Footnotes (36)



 


 



Why the President Must Veto Unconstitutional Bills


Saikrishna Prakash


University of Virginia School of Law

2007

William & Mary Bill of Rights, Vol. 16, 2007

Abstract:     
In this short piece, I argue that the President has a duty to veto bills when he believes they contain provisions that are unconstitutional. He acts contrary to his constitutional obligations when he ushers into law bills that he regards as unconstitutional. He can no more sign bills and then denounce them as unconstitutional then he can “Propose and Denounce,” that is, propose unconstitutional legislation even as he denounces it as unconstitutional. The modern practice of signing unconstitutional bills into law and then denouncing them as unconstitutional is one of those practices that should be consigned to the ash heap of history, like communism and bell bottom pants.

Number of Pages in PDF File: 13

Keywords: Preserve, Protect, and Defend, Oath, Veto, Duty, Take Care Clause

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Date posted: January 21, 2010  

Suggested Citation

Prakash, Saikrishna, Why the President Must Veto Unconstitutional Bills (2007). William & Mary Bill of Rights, Vol. 16, 2007. Available at SSRN: http://ssrn.com/abstract=1534713

Contact Information

Saikrishna Prakash (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
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