Memorandum of Disapproval for Legislation Continuing Appropriations for Fiscal Year 2010
Issued 2009-12-30 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama vetoed a congressional bill called H.J.Res. 64, which would have continued government funding for fiscal year 2010. He explained that this bill had become unnecessary because he had already signed a different funding law eleven days earlier—the Department of Defense Appropriations Act, 2010. Since the government's funding needs were already addressed by that earlier law, there was no reason to approve this additional continuing appropriations bill.
To make his veto clear, the President both withheld his signature and physically returned the bill to the House of Representatives along with this written explanation. This type of veto is sometimes called a "pocket veto," and the President cited a 1929 Supreme Court case that established this procedure.
This action affects the federal budget process but had no practical impact on government operations or employees, since funding was already secured through the earlier law the President had signed. It was essentially a procedural step to formally reject legislation that had been made redundant by previously enacted funding.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This memorandum ("Memorandum of Disapproval for Legislation Continuing Appropriations for Fiscal Year 2010") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The Impoundment Control Act of 1974 specifically prohibits this type of action. Congress passed that law in response to President Nixon's refusal to spend appropriated funds, and it remains the governing framework today.
The power of the purse belongs to Congress under Article I, Section 9. When money is appropriated by law, the executive branch is obligated to spend it as directed. A memorandum directing agencies to withhold, pause, or slow-walk spending conflicts with this constitutional structure. Courts have consistently sided with Congress in impoundment disputes.
Official Summary
Administration of Barack H. Obama, 2009 Memorandum of Disapproval for Legislation Continuing Appropriations for Fiscal Year 2010 December 30, 2009 The enactment of H.R. 3326 (Department of Defense Appropriations Act, 2010, Public Law 111–118), which was signed into law on December 19, 2009, has rendered the enactment of H.J.Res. 64 (Continuing Appropriations, FY 2010) unnecessary. Accordingly, I am withholding my approval from the bill. (The Pocket Veto Case, 279 U.S. 655 (1929)). To leave no doubt that the bill is being vetoed as unnecessary legislation, in addition to withholding my signature, I am also returning H.J.Res. 64 to the Clerk of the House of Representatives, along with this Memorandum of Disapproval. B ARACK O BAMA The White House, December 30, 2009. Categories: Communications to Congress : Continuing appropriations legislation for fiscal year 2010, memorandum of disapproval . Subjects: Budget, Federal : Fiscal year 2010 budget. <P al