On August 13, 2018, President Donald Trump issued an extraconstitutional signing statement over 50 provisions in the mammoth National Defense Authorization Act.
The president now initiates war on his own, kills American citizens on his own, spies on his citizens on his own, makes treaties on his own, classifies information and operates a secret bureaucracy on his own, and, through executive orders and signing statements, makes laws on his own.
Trump's NDAA signing statement decreed that the 50 provisions unconstitutionally encroached on the president's prerogatives as "Commander in Chief and as the sole representative of the Nation in foreign affairs." Accordingly, he would treat them as of no force or effect despite his signing them into law.
If, in lieu of a veto, President Nixon had issued a signing statement declaring the WPR unconstitutional and void, the law would have been stillborn.
Accordingly, signing statements cannot be justified on the theory that the Constitution intended the president to enjoy an easy and uncomplicated political life.
A federal district court instructed President Nixon that when he signed the bill, it established U.S. policy "To the exclusion of any different executive or administration policy, and had binding force and effect on every officer of the Government, no matter what their private judgments on that policy, and illegalized the pursuit of an inconsistent executive or administration policy." No executive statement, including that of the president, "Denying efficacy to the legislation could have either validity or effect." I served on a 2006 American Bar Association Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, and it echoed the federal district court in DaCosta v. Nixon.
Congress is too cowardly to directly resist President Trump's NDAA signing statement.
https://www.theamericanconservative.com/articles/trump-wields-signing-statements-to-carve-up-defense-bill/
The president now initiates war on his own, kills American citizens on his own, spies on his citizens on his own, makes treaties on his own, classifies information and operates a secret bureaucracy on his own, and, through executive orders and signing statements, makes laws on his own.
Trump's NDAA signing statement decreed that the 50 provisions unconstitutionally encroached on the president's prerogatives as "Commander in Chief and as the sole representative of the Nation in foreign affairs." Accordingly, he would treat them as of no force or effect despite his signing them into law.
If, in lieu of a veto, President Nixon had issued a signing statement declaring the WPR unconstitutional and void, the law would have been stillborn.
Accordingly, signing statements cannot be justified on the theory that the Constitution intended the president to enjoy an easy and uncomplicated political life.
A federal district court instructed President Nixon that when he signed the bill, it established U.S. policy "To the exclusion of any different executive or administration policy, and had binding force and effect on every officer of the Government, no matter what their private judgments on that policy, and illegalized the pursuit of an inconsistent executive or administration policy." No executive statement, including that of the president, "Denying efficacy to the legislation could have either validity or effect." I served on a 2006 American Bar Association Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, and it echoed the federal district court in DaCosta v. Nixon.
Congress is too cowardly to directly resist President Trump's NDAA signing statement.
https://www.theamericanconservative.com/articles/trump-wields-signing-statements-to-carve-up-defense-bill/
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