Barron challenges the court-centered approach to the scope of the President's non-enforcement power. He contends that a President, notwithstanding that he considers himself bound by the Supreme Court's constitutional interpretations, should resolve three distinct questions in determining whether he may faithfully decline to enforce a statute by virtue of its unconstitutionality.
Constitutionalism in the Shadow of Doctrine: The President’s Non-Enforcement Power,
63 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol63/iss1/3