In Defense of Presidential Signing Statements

Debating the Presidency: Conflicting Perspectives on the American Executive, Richard J. Ellis & Michael Nelson eds., CQ Press, 4th ed, Forthcoming

George Mason Legal Studies Research Paper No. LS 16-05

12 Pages Posted: 12 Feb 2016

See all articles by Nelson Lund

Nelson Lund

George Mason University School of Law

Date Written: February 10, 2016

Abstract

This short essay defends the use of presidential signing statements against a misguided attack by an ABA report, which was signed by a number of prominent academics and leaders of the bar. Posing as a champion of the rule of law and the will of Congress, the ABA hysterically objected to George W. Bush’s statements about his constitutional authority without evidence that his views led his administration to refuse compliance with any statutes. President Obama has continued to issue signing statements, often indistinguishable from those issued by President Bush. More significantly, he has frequently engaged in actual defiance of the will of Congress. The ABA, however, has not denounced Obama a threat to the rule of law and the separation of powers, which confirms that its denunciation of signing statements was really just a politically motivated canard.

Keywords: American Bar Association, Congress, constitutional interpretation, Department of Justice, rule of law, political self-restraint, presidential veto, presentment clause, separation of powers, signing statement, Supreme Court, take care clause, U.S. Constitution

JEL Classification: K42

Suggested Citation

Lund, Nelson Robert, In Defense of Presidential Signing Statements (February 10, 2016). Debating the Presidency: Conflicting Perspectives on the American Executive, Richard J. Ellis & Michael Nelson eds., CQ Press, 4th ed, Forthcoming; George Mason Legal Studies Research Paper No. LS 16-05. Available at SSRN: https://ssrn.com/abstract=2730815

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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