Challenge Legislation in the United States

Signing Statements Used to Challenge Legislation

Introduction to Challenge Legislation

One of the first presidents to issue a signing statement expressing a refusal to comply with provisions of a law was Woodrow Wilson. Wilson wrote that provisions in a law he was signing violated numerous treaties ratified by the United States. He wrote that he would not enforce those provisions.

In 1943 President Franklin D. Roosevelt took a somewhat different approach. Noting that he believed sections of a law were unconstitutional, Roosevelt issued a signing statement saying he would enforce the law rather than veto the entire bill. However, he wrote, if a citizen challenged the constitutionality of the disputed sections, he would instruct his attorney general to support the challenge. When those sections were reviewed by the U.S. Supreme Court in United States v. Lovett, the Supreme Court cited Roosevelt’s statement in a ruling that found the law unconstitutional.” (1)

Resources

Notes and References

• Information about Challenge Legislation in the Encarta Online Encyclopedia

Guide to Challenge Legislation