August 11, 2026

“Don’t create a passive President”: Looking at “Signing Unconstitutional Laws” by William Baude (part 3, Conclusion)

Part three of my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… today we are looking at the risks associated with signing unconstitutional laws. What are the risks? Even if, enlightened as he may be, the President signs the law with no intention of acting or executing it, there is […]

Looking at “Signing Unconstitutional Laws” by William Baude (part 2)

Continuing my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… We had just finished look at the summation of why Baude did not believe the act of signing unconstitutional laws was in itself unconstitutional.  In reviewing the arguments of those opposed to signing such laws, Baude states that the reasons […]