The Law: Presidential Signing Statements and Coordinate Constitutional Interpretation

Abstract

Zivotofsky v. Kerry (2015) highlighted the constitutional tension surrounding the use of executive signing statements, especially with regard to the president's power to conduct foreign affairs. Critics contend that signing statements come perilously close to having the effect of line‐item vetoes, which the Supreme Court declared unconstitutional in Clinton v. City of New York. I suggest that signing statements are simply written manifestations of practices that naturally occur in a system of checks and balances and in a system where executive branch officials may and must interpret the text of legislation. While signing statements may raise the specter of a president who ignores the express will of Congress, this also is a manifestation of the workings of a constitutional system in which Congress and the president share lawmaking power.