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3.13 MB
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Extraction Summary

4
People
5
Organizations
1
Locations
5
Events
1
Relationships
4
Quotes

Document Information

Type: Legal memorandum
File Size: 3.13 MB
Summary

This legal memorandum, dated November 2, 1994, is addressed to Abner J. Mikva, Counsel to the President. It argues that the President has the constitutional authority to decline to execute statutes he believes are unconstitutional, citing judicial precedent from cases like Myers v. United States and long-standing executive branch practice. The memorandum then begins to lay out specific propositions for how and when this authority should be exercised, starting with the President's obligation to act within the bounds of the Constitution.

People (4)

Timeline (5 events)

Myers v. United States, 1926
Freytag v. Commissioner, 1991
Youngstown Sheet & Tube Co. v. Sawyer, 1952
Memorial of Captain Meigs, 1860
INS v. Chadha, 1983

Locations (1)

Location Context

Relationships (1)

Recipient of the memorandum.

Key Quotes (4)

"there are circumstances in which the President may appropriately decline to enforce a statute that he views as unconstitutional."
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Quote #1
"the President has "the power to veto encroaching laws . . . or even to disregard them when they are unconstitutional.""
Source
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Quote #2
"The President's office and authority are created and bounded by the Constitution; he is required to act within its terms."
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Quote #3
"the President is required to act in accordance with the laws -- including the Constitution, which takes precedence over other forms of law. This obligation is reflected in the Take Care Clause and in the President's oath of office."
Source
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Quote #4

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