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The President As A Lawmaker: The Misuse Of Presidential Signing Statements Under The Administration Of George W. Bush, Steven Morris
The President As A Lawmaker: The Misuse Of Presidential Signing Statements Under The Administration Of George W. Bush, Steven Morris
Steven Morris
This Paper discusses the use and abuse of presidential signing statements from the time of the founding up to the present era. This Paper argues that although presidential signing statements are not constitutionally repugnant in and of themselves, the use of a certain type of presidential signing statement, known as a "constitutional objection" signing statement, is in clear violation of the sacrosanct doctrine of separation of powers since it effectively imbues the president with the power to make the law. Through the issuance of a "constitutional objection" signing statement, the president manifests his intention to nullify, modify, or completely disregard …
The Constitution Remains In Exile: The Supreme Court’S Shift To The Right Has Not Signaled A Revival Of Its Pre-New Deal Commerce Clause Jurisprudence, Steven Morris
Steven Morris
I wrote this Paper for a seminar taught by Professor Mario Rizzio at New York University School of Law on the history and modern applications of classical liberal theory. This Paper attempts to provide a concrete answer to the question of whether the Rehnquist Court’s “New Federalism” manifested the Court’s willingness to re-adopt the libertarian construction of the Commerce Clause that predominated prior to the time of the New Deal. This Paper discusses this crucial question in light of the relatively recent development of the “Constitution in Exile” school of thought, which condemns the Court’s post-New Deal movement away from …