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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2006

Law and Politics

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Faculty Scholarship

Executive power

Articles 1 - 3 of 3

Full-Text Articles in Law

Parsing The Commander In Chief Power: Three Distinctions, Curtis A. Bradley Jan 2006

Parsing The Commander In Chief Power: Three Distinctions, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley Jan 2006

Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner Jan 2006

Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner

Faculty Scholarship

A recent debate about the Bush administration's use of presidential signing statements has raised questions about their function, legality, and value. We argue that presidential signing statements are legal and that they provide a useful way for the president to disclose his views about the meaning and constitutionality of legislation. In addition, basic tenets of positive political theory suggest that signing statements do not undermine the separation of powers or the legislative process and that, under certain circumstances, they can provide relevant evidence of statutory meaning. Although President Bush has raised many more constitutional challenges within his signing statements than …