Friday, August 2, 2019
Resolved: Presidential Signing Statements Threaten to Undermine the Ru
The subject of signing statements has created much debate among the houses of Congress, government officials, and the public alike. These signing statements fall under the categories of constitutional and legislative history signing statements. Constitutional signing statements are those in which the president deems certain provisions of the legislation as unconstitutional, therefore they should not be enforced (Bradley & Posner, 2006). Legislative history signing statements are executive interpretations of ambiguous legislation (Bradley & Posner, 2006). The Constitution very specifically outlines the process of a bill being passed up to the executive level, but the issue of presidential signing statements is not explicitly discussed, therefore it becomes a controversial grey area; specifically when a President uses a signing statement to express partial support and intent to enforce a law. This essay will discuss signing statements and the role that they play in the legislative pr ocess. In addition, the legality of presidential signing statements in respect to the constitution will be argued through the exploration of the origins, past applications, and attempts at limiting such presidential implements. Presidential signing statements are a presidentââ¬â¢s formal declaration of their interpretation of a bill that is being signed into law, namely the objections to segments of the bill that they have deemed in opposition of the constitution as well as the measures of the bill that will be enforced. (CRS, 2006) They can also convey support or appreciation towards the bill and its contributors (Kelley, 2007) Signing statements tend to occur on significant pieces of legislation and function similarly to presidential vetoes in that th... ...igning statements: Constitutional and institutional implications (Order Code RL33667)Congressional Research Service. Kelley, C. S. (2007). The law: Contextualizing the signing statement. Presidential Studies Quarterly,, 37(4), 737-748. Retrieved from http://www.jstor.org/stable/27552286 Kinkopf, N. (2006). Signing statements and the president's authority to refuse to enforce the law. American Constitution Society for Law and Policy Lee, M. (2008). Reorienting the debate on presidential signing statements: The need for transparency in the presidentââ¬â¢s constitutional objections, reservations, and assertions of power. Manuscript submitted for publication, School of Law, UCLA, Retrieved from http://www.uclalawreview.org/wordpress/?p=339 Lund, N. (2007). Presidential signing statements in perspective.William & Mary Bill of Rights Journal, 16(1), 95-111.
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