Presidential signing statements are creeping into judicial opinions with increasing frequency, leading to a resurgence of interest in the issue and several attempts, by Congress and others, to limit the use of signing statements or to challenge their constitutionality. This Note contends that the paramount separation of powers concern raised by signing statements is the conference of legislative power in the hands of the President through judicial consideration of signing statements in interpreting statutes. By analogizing signing statements to agency interpretations, this Note proposes the use of the Chevron framework as an analytical tool to guide courts in evaluating signing statements. Such use of the Chevron framework is consistent with the doctrine’s underlying rationales and works to minimize subjectivity in judicial analysis through Chevron’s requirements of statutory ambiguity and interpretive reason.
Volume 91 - No. 6
- Note: Copyrighted Laws: Enabling and Preserving Access to Incorporated Private Standards
- Note: Embracing Ambiguity and Adopting Propriety: Using Comparative Law To Explore Avenues for Protecting the LGBT Population Under Article 7 of the Rome Statute of the International Criminal Court
- Note: Getting Back to Basics: Recognizing and Understanding the Swing Voter on the Supreme Court of the United States
- The Value of the Standard
- The Substantially Impaired Sex: Uncovering the Gendered Nature of Disability Discrimination
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