著者

梅川 健

出版者

日本政治学会

雑誌

年報政治学 (ISSN:05494192)

巻号頁・発行日

vol.62, no.1, pp.1_247-1_270, 2011 (Released:2016-02-24)

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In legislative process, the American Constitution allows President to sign a bill or veto it. However, the modern American Presidents have issued “Signing Statement” when they sign a bill into law without constitutional provision. In signing statement, Presidents have declared unconstitutionality of a bill.   The previous researches found the Reagan administration began to use signing statement to point unconstitutionality. How have the Reagan administration institutionalize the usage of constitutional signing statement as a new presidential tool?   This paper focuses on primal resources of the Department of Justice and White House and shows how the conservative lawyers had institutionalized constitutional signing statement. For the conservative lawyers, the primary goal of constitutional signing statement was to restrict “Judicial Activism” of judicial branch and they relied on the conservative constitutional interpretations, “Originalism” and “Departmentalism,” to legitimate signing statement as a new presidential tool.