Checking Executive Disregard

Authors

John T. Pierpont Jr.

Document Type

Note

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's 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's bill and proposes further checks on executive disregard, specifically that Congress grant itself standing to challenge a President's nonenforcement of a statute.