Presidential Signing Statements

This memorandum establishes principles for the use of presidential signing statements, limiting them to well-founded constitutional objections rather than policy disagreements. It directs executive agencies to seek the Attorney General's advice before relying on pre-March 9, 2009 signing statements to disregard statutory provisions.

Federal Register Open PDF 74 FR 10669

Impact dates

Mar 9, 2009
Agencies must seek Attorney General advice before relying on pre-March 9, 2009 signing statements to disregard statutory provisions

Key directives

Executive branch to inform Congress of constitutional concerns about pending legislation when practicable
President to avoid concluding enrolled bill provisions are unconstitutional; act with caution and restraint
Signing statements must identify constitutional concerns with specificity
President will construe statutes to avoid constitutional problems only if construction is legitimate
Agencies must seek Attorney General advice before relying on pre-March 9, 2009 signing statements to disregard statutory provisions

Who is ordered

Timeline

Immediate

Publication in Federal Register
Agencies directed to seek AG advice before relying on prior signing statements

Near term (90d)

—

Long term

Ongoing constraint on presidential signing statement practice
Potential shift in executive-legislative dynamics around bill interpretation

Risks & tensions

Tension between presidential assertion of constitutional interpretation authority and congressional/statutory supremacy
Vague standard: 'well-founded' constitutional objections leaves room for dispute
Non-justiciability disclaimer limits enforceability
Implicitly repudiates Bush-era expansive signing statement practice without naming it