Article: Memorandum on Presidential Signing Statements

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 ...

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