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

George Mason Law & Economics Research Paper No. 09-57

In DEBATING THE PRESIDENCY: CONFLICTING PERSPECTIVES ON THE AMERICAN EXECUTIVE, J. Ellis, Michael Nelson, eds., CQ Press, 2009

12 Pages Posted: 7 Nov 2009  

Nelson Lund

George Mason University School of Law

Date Written: November 6, 2009

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

Suggested Citation

Lund, Nelson, Resolved, Presidential Signing Statements Threaten to Undermine the Rule of Law and the Separation of Powers (November 6, 2009). In DEBATING THE PRESIDENCY: CONFLICTING PERSPECTIVES ON THE AMERICAN EXECUTIVE, J. Ellis, Michael Nelson, eds., CQ Press, 2009 . Available at SSRN: https://ssrn.com/abstract=1501311

Nelson Robert Lund (Contact Author)

George Mason University School of Law ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8045 (Phone)

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