Statement on Signing the Consolidated Appropriations Act, 2019
Issued 2019-02-15 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Trump signed the Consolidated Appropriations Act of 2019, which provided funding for numerous federal agencies through September 30, 2019. At the same time, he issued a signing statement expressing concerns about several provisions in the spending bill. In this statement, he indicated how his administration would interpret certain restrictions that he believed conflicted with presidential powers.
The statement addressed several types of provisions. Some require advance notice to Congress before the President can direct certain military actions or provide military assistance. Trump stated these would apply only when advance notice is feasible and consistent with his Commander in Chief authority. Other provisions restrict transferring Guantanamo detainees to the United States, prevent Justice Department funds from being used to block state medical marijuana laws, and limit how the Office of Management and Budget can oversee certain projects by the Army Corps of Engineers and agricultural marketing activities.
The constitutional basis of signing statements has been debated. Critics, including the American Bar Association, argue that using them to announce non-enforcement of law provisions effectively creates an unconstitutional line-item veto, which the Supreme Court rejected in 1998. Defenders contend presidents have a duty to identify constitutional concerns and that signing statements are a legitimate way for the executive branch to interpret legislation. The constitutional propriety depends on whether the statement announces outright non-enforcement or simply records the President's legal interpretation.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This signing statement ("Statement on Signing the Consolidated Appropriations Act, 2019") was issued alongside a bill the President signed into law. The President's stated concerns: "President's constitutional authority and duty as Commander in Chief to ensure national security." 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 Donald J. Trump, 2019 Statement on Signing the Consolidated Appropriations Act, 2019 February 15, 2019 Today, I have signed into law H.J. Res. 31, the "Consolidated Appropriations Act, 2019" (the "Act"), which authorizes appropriations to fund the operation of a number of agencies in the Federal Government through September 30, 2019. Certain provisions of the Act (such as Division F, under the heading "Contribution for International Peacekeeping Activities") would require advance notice to the Congress before the President may direct certain military actions or provide certain forms of military assistance. In signing the Act, I reiterate the well-established understanding of the executive branch that these types of provisions encompass only military actions for which providing advance notice is feasible and consistent with the President's constitutional authority and duty as Commander in Chief to ensure national security. In addition, Division C, section 527, and Division A, section 516, both restrict the transfer of Guantanamo detainees to the United States. I will treat these, and similar provisions, consistent with the President's constitutional authority as Commander in Chief. Numerous provisions could, in certain circumstances, interfer