he would be constitutionally authorized to decline to enforce"" the constitutionally objectionable
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the President has the constitutional authority to refuse to enforce
the opinion stated that ""at least in the context of legislation that
in this case the foreign relations authorization bill for
14 Op. O.L.C. 38 (1990) (preliminary print): This
stating that ""[u]nless the unconstitutionality of a statute is clear
and in such a case the Executive could decline to enforce the statute for that reason alone."" Id.
the Department's actions are fully consistent with the allocation of judicial power by the
it is the Constitution that dispenses with the operation of the statute.
meaning that the President and his subordinates ""may not lawfully defy an Act of
I believe that your recognition of these concurrent resolutions as
pursuant to a statutory legislative veto. The Attorney General•
and the vicious portion of it suffered to drop."" Id. at 469.
9 Op. Atry Gen. 462 (1860): In this opinion the Attorney General
the President has the authority to sign legislation containing desirable
we do not believe that a President is limited to choosing
in which he indicated his intention not to
the Supreme Court recognized this practice in INS v. Chadha
the President ""may properly announce to Congress
the effect of the apparent retroactivity of the general applicability of