Statement on Signing the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act
Issued 2016-10-14 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama signed into law the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act, which creates a commission to study federal, state, local, and tribal programs serving Native children. The commission will examine how these programs work and make recommendations for improvements. It consists of eleven members: three appointed by the President and eight appointed by congressional leaders.
The President identified a constitutional concern with the law as written. The legislation places the commission within the Department of Justice, but because the commission includes members appointed by Congress who can direct executive branch agencies to provide resources, the President stated this structure conflicts with the separation of powers between the executive and legislative branches. He instructed the Attorney General to treat the commission as an independent entity separate from the executive branch, rather than as part of the Justice Department.
This action affects Native children and the programs designed to serve them across the country. The commission's work aims to identify ways to improve support for these young people. The administration indicated it would begin seeking congressional appointments to the commission immediately to implement the law as quickly as possible.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This signing statement ("Statement on Signing the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act") was issued alongside a bill the President signed into law. The President's stated concerns: "I look forward to seeing the Commission's work in the years to come—work that will help ensure all our young people can reach their full potential." Signing statements allow presidents to express constitutional or policy objections to specific provisions of legislation they have just signed. Their legal weight and constitutional propriety have been contested since the practice became common in the 1980s.
Critics — including the American Bar Association — argue that using signing statements to announce an intent to not enforce portions of a law effectively creates a line-item veto, which the Supreme Court ruled unconstitutional in Clinton v. City of New York (1998). Defenders argue presidents have a duty to identify constitutional concerns and that signing statements are a legitimate form of executive interpretation. The constitutional propriety depends on whether this specific statement announces non-enforcement or merely records the President's views.
Official Summary
Administration of Barack Obama, 2016 Statement on Signing the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act October 14, 2016 Today I am pleased to sign into law S. 246, the "Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act," which will create the Alyce Spotted Bear and Walter Soboleff Commission on Native Children. The Commission is tasked with the important work of undertaking a comprehensive study of Federal, State, local, and tribal programs that serve Native children, and making recommendations on how those programs could be improved. Over the past 8 years, my Administration has been committed to working closely with tribes to strengthen our nation-to-nation relationships and to forge a brighter future for all our children. During my own visits to Indian Country, I have been inspired by the talent and enthusiasm of young people who want nothing more than to make a positive difference in their communities. From the Indian Child Welfare Act to working to return control of Indian education to tribal nations, I am proud of the progress we have made over the past 8 years. I applaud the Congress, and in particular Senator Heitkamp, for the efforts that made this new law possible. The bill provides for a Commission consisting of three individual