Checking Executive Disregard

Abstract

(Excerpt) Part I of this Note more precisely defines executive disregard, its confluence with signing statements, and distinguishes executive disregard from executive discretion. Part II, through an analysis of the Constitution\u27s text, case law, precedent, and policy, argues that executive disregard is a constitutionally impermissible act when the President disregarding the statute also signed it into law. Part III discusses the merits of a limited theory of executive disregard in the instances where the disregarding President did not sign the bill into law. Part IV discusses Senator Specter\u27s bill and proposes further checks on executive disregard, specifically that Congress grant itself standing to challenge a President\u27s nonenforcement of a statute

    Similar works