Who is at Fault Here? The Bush Administration, Presidential Power, and the Signing Statement

MSL Law Review, Forthcoming

21 Pages Posted: 5 Jun 2007

Abstract

In 2006, the Bush administration received a great deal of attention and criticism for its refusal to execute or administer provisions of law that it deemed constitutionally problematic. The administration placed its refusal - over 1100 specific refusals - in a bill signing statement. While the administration was not the first to use the bill signing statement in this way, it is the first to use it as often as it did. Critics used this fact to highlight a presidency that had become abusive of the constitutional system of checks and balances. The purpose of this article is to explain what the signing statement is, how it has been used by the current Bush administration, and to assess who is responsible for the imbalance in the system of checks and balances - the President or the Congress?

Keywords: Bush administration, signing statement, checks and balances, separation of power

JEL Classification: K30

Suggested Citation

Kelley, Christopher S., Who is at Fault Here? The Bush Administration, Presidential Power, and the Signing Statement. MSL Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=976235

Christopher S. Kelley (Contact Author)

Miami University of Ohio ( email )

Oxford, OH 45056
United States

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