Memorandum on Suspension of Limitations Under the Jerusalem Embassy Act
Issued 2015-12-02 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama issued this memorandum to suspend certain limitations in the Jerusalem Embassy Act of 1995 for a six-month period. The Jerusalem Embassy Act is a 1995 law that includes provisions related to the U.S. embassy in Israel. The memorandum specifically suspends limitations found in sections 3(b) and 7(b) of that law, citing the need to protect national security interests of the United States.
This action is directed to the Secretary of State and affects how the State Department implements the Jerusalem Embassy Act. The suspension is temporary, lasting six months from when the determination and accompanying report are transmitted to Congress. The memorandum uses authority granted to the President under section 7(a) of the Jerusalem Embassy Act itself, meaning Congress provided for this type of presidential waiver when it passed the original law.
This matters because it represents a routine presidential decision about U.S. embassy policy in the Middle East. The action requires the President to notify Congress and publish the decision in the Federal Register, ensuring transparency about the temporary suspension. Presidential memoranda like this one direct executive branch agencies on how to carry out existing laws.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Suspension of Limitations Under the Jerusalem Embassy Act") provides direction to executive branch agencies. The stated purpose: "protect the national security interests of the United States, to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Barack Obama, 2015 Memorandum on Suspension of Limitations Under the Jerusalem Embassy Act December 2, 2015 Presidential Determination No. 2016–04 Memorandum for the Secretary of State Subject: Suspension of Limitations under the Jerusalem Embassy Act Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Embassy Act of 1995 (Public Law 104–45) (the "Act"), I hereby determine that it is necessary, in order to protect the national security interests of the United States, to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act. You are authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish this determination in the Federal Register . This suspension shall take effect after the transmission of this determination and report to the Congress. B ARACK O BAMA Categories: Communications to Federal Agencies : Jerusalem Embassy Act, suspensio