Why the President Must Veto Unconstitutional Bills
Publisher
William & Mary Bill of Rights Journal
Date
2007
In this short piece, I argue that the President has a duty to veto bills when he believes they contain provisions that are unconstitutional. He acts contrary to his constitutional obligations when he ushers into law bills that he regards as unconstitutional. He can no more sign bills and then denounce them as unconstitutional then he can “Propose and Denounce,” that is, propose unconstitutional legislation even as he denounces it as unconstitutional. The modern practice of signing unconstitutional bills into law and then denouncing them as unconstitutional is one of those practices that should be consigned to the ash heap of history, like communism and bell bottom pants.
Citation
Saikrishna Prakash, Why the President Must Veto Unconstitutional Bills, 16 William & Mary Bill of Rights Journal, 81–94 (2007).