University of Virginia Legal Working Paper Series
University of Virginia Public Law and Legal Theory Working Paper Series
The First Word
Article comments
Forthcoming: William and Mary Bill of Rights Journal,[Vol. 16:000]
Abstract
This short Article uses the controversy over Presidential signing statements as an occasion to consider the wide range of tools available to Presidents to control subordinates in the executive branch. Signing statements are just one of several such mechanisms, which include control over the appointment of key officials, ex ante instructions and ex post review. The object of the paper is not normative. Rather, it is aimed at understanding the advantages and disadvantages of each mechanism from the perspective of the White House. The paper identifies the important dimensions along which one should evaluate each mechanism and then considers the strength and weakness of each method of control. It argues that these methods vary in their effectiveness depending on the nature of subordinate’s action and the drift away from the White House that the President anticipates.
Subject Area
Public Law and Legal Theory
Recommended Citation
Elizabeth Magill,
"The First Word"
(October 2007).
University of Virginia Legal Working Paper Series.
University of Virginia Public Law and Legal Theory Working Paper Series.
Working Paper 77.
http://law.bepress.com/uvalwps/uva_publiclaw/art77
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