Presidential defiance of "unconstitutional" laws : reviving the royal prerogative
Author(s)
Bibliographic Information
Presidential defiance of "unconstitutional" laws : reviving the royal prerogative
（Contributions in legal studies, no. 86）
Greenwood Press, 1998
- : hbk
Available at 12 libraries
Note
Bibliography: p. [199]-204
Incldues index
Description and Table of Contents
Description
Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to the validity of a law, in order to determine whether or not the president then ignored the law in question. This examination of the historical record reveals that prior to the mid-1970s the White House only rarely failed to honor a law that it believed to be unconstitutional.
Table of Contents
Introduction The Original Understanding The Royal Suspending and Dispensing Powers The Founders' Understanding Presidential Practice, 1789-1981 Presidential Practice: Introduction Laws Enacted over a Constitutionally Based Veto Signing Statements: Introduction Signing Statements: Acquiescence, Avoidance, and Compliance Signing Statements: Noncompliance Laws Enacted During a Prior Administration Presidential Practice: A Summary of the Historical Record Limiting Presidential Defiance Selected Bibliography Index
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