Presidents and the U.S. Constitution: The Executive’s Role in Interpreting the Supreme Law of the Land

Author

Mitchell Scacchi, University of New Hampshire - Main CampusFollow

Date of Award

Spring 2021

Project Type

Senior Honors Thesis

College or School

COLA

Department

Political Science

Program or Major

Political Science

Degree Name

Bachelor of Arts

First Advisor

Susan Siggelakis

Abstract

In 1832, President Andrew Jackson issued a veto message claiming the same duty as the Supreme Court to interpret the U.S. Constitution. Do modern presidents exercise the principal role in interpreting the U.S. Constitution that President Jackson claimed was their duty, and, if so, in what ways do they choose to articulate their interpretations? The hypothesis is that modern presidents have exercised a principal role in interpreting the U.S. Constitution similar to the interpretative duty expressed by President Jackson, and they perform this duty, in part, through the issuance of veto messages and signing statements. After a content analysis of veto messages and signing statements issued from Presidents Roosevelt to Trump, the hypothesis was supported. Modern presidents have used veto messages and signing statements to articulate their constitutional interpretations of numerous constitutional topics – a practice that has been increasing throughout the modern presidency overall. Modern presidents have exercised a principal role in interpreting the Constitution similar to that expressed by President Jackson.

Recommended Citation

Scacchi, Mitchell, "Presidents and the U.S. Constitution: The Executive’s Role in Interpreting the Supreme Law of the Land" (2021). Honors Theses and Capstones. 550.
https://scholars.unh.edu/honors/550