Can a president sign a law and still refuse to follow it?

Ideas & Philosophy · Published 13 October 2026 Swipe more like this →

In short: Presidential signing statements are a unique exercise of informal power. They allow a president to sign a bill into law while simultaneously expressing objections to specific parts of it. While they lack the force of law, they serve as a powerful tool for shaping how the executive branch interprets and enforces federal statutes.

When a bill becomes law, the US President often releases formal signing statements to accompany the act. Unlike a veto, which stops a bill from becoming law, a signing statement has no legal effect; a signed law remains valid regardless of the president's accompanying comments. This distinction was solidified in 1972 in the case DaCosta v. Nixon, where a federal district court ruled that an executive statement denying efficacy to legislation could not have legal validity.

The practice stems from the 'Take Care Clause' of Article II, Section 3, which mandates that the president 'take care that the laws be faithfully executed.' Presidents use signing statements to navigate the tension between this duty and their oath to 'preserve, protect and defend' the Constitution. By issuing these statements, a president can provide their interpretation of ambiguous language, assert constitutional objections, or give specific instructions to executive branch personnel on how to carry out a law.

Historically, signing statements were rare but have become increasingly prevalent since the Reagan Administration, which actively sought to have courts consider them when interpreting statutory law. A notable example occurred in 1943 when Franklin Roosevelt signed the Urgent Deficiency Appropriations Act during World War II. He stated the law was unconstitutional but necessary to avoid delaying the war effort. He instructed the attorney general to side with plaintiffs if the law were challenged. The Supreme Court eventually agreed with his interpretation in United States v. Lovett (1946), striking down the provision based on his signing statement.

Today, these documents are preserved in official records such as the Public Papers of the Presidents and the Compilation of Presidential Documents. They remain a significant mechanism for the executive branch to influence the legislative process without the formal power of the veto.

General information, not professional advice. Spotted an error? Flag the card or see corrections and complaints.

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