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Presidential Signing Statements and Executive Power

Curtis A. Bradley
Duke University - School of Law

Eric A. Posner
University of Chicago - Law School


July 2006

U of Chicago, Public Law Working Paper No. 133
Duke Law School Legal Studies Paper No. 121

Abstract:     
A recent debate about the Bush administration's use of presidential signing statements has raised questions about their function, legality, and value. We argue that presidential signing statements are legal and that they provide a useful way for the president to disclose his views about the meaning and constitutionality of legislation. Although President Bush has challenged more statutory provisions in signing statements than prior administrations have, his signing statements are similar in many respects to the signing statements issued by prior presidents, such as President Clinton. In addition, basic tenets of positive political theory suggest that signing statements do not undermine the separation of powers or the legislative process and that, under certain circumstances, they can provide relevant evidence of statutory meaning.

Working Paper Series

Date posted: August 07, 2006 ; Last revised: March 19, 2009

Suggested Citation

Bradley, Curtis A. and Posner, Eric A., Presidential Signing Statements and Executive Power (July 2006). U of Chicago, Public Law Working Paper No. 133; Duke Law School Legal Studies Paper No. 121. Available at SSRN: http://ssrn.com/abstract=922400


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Contact Information

Eric A. Posner (Contact Author)
University of Chicago - Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
773-702-0425 (Phone)
773-702-0730 (Fax)
HOME PAGE: http://www.law.uchicago.edu/faculty/posner-e/
Curtis A. Bradley
Duke University - School of Law ( email )
Box 90360
Durham, NC 27708
United States
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