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Litigating Presidential Signing Statements, Michele E. Gilman
Litigating Presidential Signing Statements, Michele E. Gilman
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In response to President George W. Bush's aggressive use of presidential signing statements, several members of Congress as well as a prominent Taskforce of the American Bar Association have proposed legislation to provide for judicial review of signing statements. These critics assert that the President must veto legislation with which he disagrees, rather than use signing statements to refuse to enforce statutes that he signs into law. This article explores whether Congress can litigate presidential signing statements, concluding that they are not justiciable even if Congress enacts a law granting itself standing to raise such a challenge. Congress might be …
Congress's Transformative Republican Revolution In 2001-2006 And The Future Of One-Party Rule, Charles Tiefer
Congress's Transformative Republican Revolution In 2001-2006 And The Future Of One-Party Rule, Charles Tiefer
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In 2001 - 2006, Republican leadership in the legislature circumvented procedural norms to implement an ideological agenda that precluded the minority party from making alternative proposals and voicing criticisms. With the Republican majority in the Senate falling to 50-50 in 2000, President Bush's assumption of office, despite having lost the popular vote, set the tone for what would become an era of illegitimate procedural reform cloaked in secrecy and deniability. Through closed-door conferences and closed-rules, Republican leadership in the House and Senate turned the clock back on civil liberties, passed unfavorable and convoluted tax cuts, and used transformed health care …