Statement on Signing the John D. Dingell, Jr. Conservation, Management, and Recreation Act
Issued 2019-03-12 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 John D. Dingell, Jr. Conservation, Management, and Recreation Act into law in March 2019. This legislation addresses conservation and recreation matters, including establishing a commission to plan a memorial in Washington, D.C., for President John Adams and amending rules about migratory bird hunting seasons. While signing the bill, the President issued a statement identifying two provisions he believes raise constitutional concerns.
The first concern involves the Adams Memorial Commission, which would include eight Members of Congress among its twelve members. The President's statement says these congressional members can provide advice and participate in ceremonial activities, but may not participate in executing the laws due to separation of powers principles. The second concern involves language directing the Secretary of the Interior to adopt recommendations from regional Flyway Councils when setting migratory bird hunting seasons. Because these councils are not composed of federal officers, the statement indicates the Secretary will not treat this as limiting his discretion to reject council recommendations.
This action affects how the new law will be implemented. The Adams Memorial planning may proceed with restricted roles for congressional members, and the Interior Secretary retains full decision-making authority over bird hunting seasons rather than being bound by outside council recommendations. Whether a president can effectively modify how laws are executed through such statements, rather than vetoing legislation or seeking amendments, remains constitutionally debated.
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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 John D. Dingell, Jr. Conservation, Management, and Recreation Act") was issued alongside a bill the President signed into law. 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 John D. Dingell, Jr. Conservation, Management, and Recreation Act March 12, 2019 Today, I have signed into law S. 47, the "John D. Dingell, Jr. Conservation, Management, and Recreation Act" (the "Act"). Two provisions of the Act, however, raise constitutional concerns. First, section 2406 establishes the Adams Memorial Commission with responsibility to plan and establish a permanent memorial in Washington, D.C., to honor the life and legacy of President John Adams. The Commission will include 12 members, 8 of whom will be Members of Congress. While Members of Congress on the Commission are welcome to provide advice and recommendations and to participate in the ceremonial activities of the Commission, they may not participate in matters involving the execution of the laws, consistent with the separation of powers and the Appointments and Ineligibility Clauses of the Constitution. Second, section 4301 amends section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) to direct the Secretary of the Interior (Secretary) to adopt the recommendation of a regional migratory bird Flyway Council in establishing hunting seasons for certain migratory birds, "if the Secretary determines that the recommendation is