Obama Orders Officials Not To Rely On Bush Signing Statements
WASHINGTON — President Barack Obama has ordered a review of his predecessor's signing statements which often told officials how to implement laws, the Associated Press reports.White House press secretary Robert Gibbs said Monday that Obama has sent memos to federal agencies directing them to review former President George W. Bush's signing statements.
When signing legislation, Bush often would use such statements to direct officials to ignore parts of the law he thought were incorrect or restricted the administration's constitutional powers.
Read the full memo:
THE WHITE HOUSE Office of the Press Secretary For Immediate Release March 9, 2009 March 9, 2009
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT:
Presidential Signing Statements
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.
more
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.
BARACK OBAMA
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT:
Presidential Signing Statements
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.
more
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.
BARACK OBAMA
President Barack Obama is applauded by members of Congress, and others, after signing an Executive Order on stem cells and a Presidential Memorandum on scientific integrity, Monday, March 9, 2009, in the East Room of the White House in Washington.
- Ron Edmonds /AP Photo
President Obama is delivering remarks and signing an executive order lifting the ban on federal funding for stem cell research as well as a memorandum on scientific integrity.- Ron Edmonds /AP Photo
Obama's full remarks, as prepared for delivery:
Today, with the Executive Order I am about to sign, we will bring the change that so many scientists and researchers; doctors and innovators; patients and loved ones have hoped for, and fought for, these past eight years: we will lift the ban on federal funding for promising embryonic stem cell research. We will vigorously support scientists who pursue this research. And we will aim for America to lead the world in the discoveries it one day may yield.
Do you approve of Obama lifting restrictions on federally funded embryonic stem cell research?
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cnn - obama executive order to reverse stem cell research ban
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