Presidential Defiance of "Unconstitutional" Laws Reviving the Royal Prerogative

Subjects:

• Law » Constitutional Law
• Political Science » Presidential Studies
• Political Science » American Politics/Government
• Political Science » Political History

Reviews:

• This is an excellent study...This study is an initial effort likely to be cited in appellate briefs the next time presidential refusal to comply with a law that he or she believes is unconstitutional goes to the courts.
  —Choice
• May's book is well-written, informative and extremely well-documented. There is just enough background and historical detail to enlighten us without permitting us to become bogged down in minutia...For anyone with and interest in Constitutional law and the tendency of the executive branch toward consolidation of power, Christopher May's book is highly recommended.
  —Free Speech Yearbook 1999 vol. 37
• May does an admirable job of discussing this increasingly important practice and its lack of support in the Constitution and precedent....this book is a valuable contribution to our growing understanding of the balance of power among the three branches of government and can be recommended to scholars of any of the three branches of government.
  —The Law and Politics Review
• May's arguments are persuasive and his work is richly documented.... Through an examination of presidential vetoes, signing statements, and objections to previously enacted laws, May constructs a unique empirical record of presidential defiance....As for the future, Professor May's prescription supplies a fair compromise.
  —Books on Law, The Jurist
• Christopher May makes a clear and convincing case that the responsibility for deciding the constitutionality of a law lies not with the president but with the courts.
  —The Annals of the American Academy of Political and Social Science

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