Strauss explores the context of executive non-enforcement in a broad way that may help in understanding situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced.
Peter L. Strauss,
The President and Choices Not to Enforce,
63 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol63/iss1/4