Presidential Documents

Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Presidential Documents 10669 

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. 


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10670 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Presidential Documents 

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 

[FR Doc. E9–5442 

Filed 3–10–09; 11:15 am] 

Billing code 3195–W9–P 


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