Presidential Signing Statements

Memorandum of March 9, 2009

Presidential Signing Statements

Memorandum for the Heads of Executive Departments And
Agencies

For nearly two centuries, Presidents have issued
statements addressing constitutional or other legal
questions upon signing bills into law (signing
statements). Particularly since omnibus bills have
become prevalent, signing statements have often been
used to ensure that concerns about the
constitutionality of discrete statutory provisions do
not require a veto of the entire bill.

In recent years, there has been considerable public
discussion and criticism of the use of signing
statements to raise constitutional objections to
statutory provisions. There is no doubt that the
practice of issuing such statements can be abused.
Constitutional signing statements should not be used to
suggest that the President will disregard statutory
requirements on the basis of policy disagreements. At
the same time, such signing statements serve a
legitimate function in our system, at least when based
on well-founded constitutional objections. In
appropriately limited circumstances, they represent an
exercise of the President's constitutional obligation
to take care that the laws be faithfully executed, and
they promote a healthy dialogue between the executive
branch and the Congress.

With these considerations in mind and based upon advice
of the Department of Justice, I will issue signing
statements to address constitutional concerns only when
it is appropriate to do so as a means of discharging my
constitutional responsibilities. In issuing signing
statements, I shall adhere to the following principles:

1. The executive branch will take appropriate and timely steps, whenever
practicable, to inform the Congress of its constitutional concerns about
pending legislation. Such communication should facilitate the efforts of
the executive branch and the Congress to work together to address these
concerns during the legislative process, thus minimizing the number of
occasions on which I am presented with an enrolled bill that may require a
signing statement.

2. Because legislation enacted by the Congress comes with a presumption of
constitutionality, I will strive to avoid the conclusion that any part of
an enrolled bill is unconstitutional. In exercising my responsibility to
determine whether a provision of an enrolled bill is unconstitutional, I
will act with caution and restraint, based only on interpretations of the
Constitution that are well-founded.

3. To promote transparency and accountability, I will ensure that signing
statements identify my constitutional concerns about a statutory provision
with sufficient specificity to make clear the nature and basis of the
constitutional objection.

4. I will announce in signing statements that I will construe a statutory
provision in a manner that avoids a constitutional problem only if that
construction is a legitimate one.

To ensure that all signing statements previously issued
are followed only when consistent with these
principles, executive branch departments and agencies
are directed to seek the advice of the Attorney General
before relying on signing statements issued prior to
the date of this memorandum as the basis for
disregarding, or otherwise refusing to comply with, any
provision of a statute.

This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

This memorandum shall be published in the Federal
Register.

THE WHITE HOUSE,

Washington, March 9, 2009