Presidents/Donald J. Trump/Signing Statement
Signing Statement? Legally Debatable

Statement on Signing the Hong Kong Human Rights and Democracy Act of 2019

Issued 2019-11-27 by Donald J. Trump

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

President Donald J. Trump signed into law a bill called the "Hong Kong Human Rights and Democracy Act of 2019." Along with signing the Act, he issued a statement indicating that certain parts of the new law might interfere with his constitutional authority to set the foreign policy of the United States. He stated that his administration would treat each of the law's provisions consistently with his constitutional powers regarding foreign relations. The Act itself reaffirms and amends a previous law, specifies United States policy towards Hong Kong, and directs an assessment of political developments there.

This action affects United States policy towards Hong Kong and involves assessing political developments in Hong Kong. The President's statement primarily influences how his administration will interpret and apply the new law, especially concerning his role in foreign policy.

Signing statements like this allow presidents to express constitutional or policy objections to specific parts of legislation they have signed. There is an ongoing debate about their legal weight and constitutional propriety, with critics arguing they can act like an unconstitutional "line-item veto," while defenders say presidents have a duty to identify constitutional concerns. The impact of this specific statement depends on whether it signals an intent not to enforce certain parts of the law or merely records the President's views.

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 Hong Kong Human Rights and Democracy Act of 2019") 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 Hong Kong Human Rights and Democracy Act of 2019 November 27, 2019 Today, I have signed into law S. 1838, the "Hong Kong Human Rights and Democracy Act of 2019" (the "Act"). The Act reaffirms and amends the United States-Hong Kong Policy Act of 1992, specifies United States policy towards Hong Kong, and directs assessment of the political developments in Hong Kong. Certain provisions of the Act would interfere with the exercise of the President's constitutional authority to state the foreign policy of the United States. My Administration will treat each of the provisions of the Act consistently with the President's constitutional authorities with respect to foreign relations. D ONALD J. T RUMP The White House, November 27, 2019. N OTE : S. 1838, approved November 27, was assigned Public Law No. 116–76. An original was not available for verification of the content of this statement. Categories: Bill Signings and Vetoes : Hong Kong Human Rights and Democracy Act of 2019, signing statement . </P

Read the official documentOpen on GovInfo →