Working Paper No. 09-57:
Resolved, Presidential Signing Statements Threaten to Undermine the Rule of Law and the Separation of Powers

Author(s): Nelson Lund

Date Posted: November 2009

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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.