The purpose of this memorandum is not to prescribe predetermined constitutional conclusions. Rather, it respectfully recommends that the Executive Branch undertake a careful examination of whether existing Reconstruction law continues to impose responsibilities that have not been fully addressed.
Among the principal questions appropriate for executive review are:
1. Constitutional Identity
Whether the Executive Branch has fully examined the original constitutional and statutory framework established during Reconstruction and its continuing relevance to the faithful execution of existing law.
2. Continuing Executive Responsibilities
Whether responsibilities assigned to the Executive Branch by the Reconstruction settlement remain operative under existing constitutional and statutory authority.
3. Federal Administrative Obligations
Whether present executive departments and agencies possess responsibilities under existing law that have become fragmented, overlooked, or insufficiently coordinated over time.
4. Constitutional Literacy
Whether the Executive Branch should encourage a comprehensive review and public understanding of the constitutional history, purposes, and continuing legal significance of Reconstruction, recognizing that constitutional understanding strengthens public confidence in the rule of law.
5. National Restoration
Whether faithful execution of the Reconstruction settlement can contribute to strengthening national unity, reinforcing constitutional government, and preserving the constitutional order established following the Civil War.
These questions are presented not as conclusions, but as subjects appropriate for executive inquiry. Their examination is consistent with the President’s Article II responsibility to preserve, protect, and defend the Constitution, and to ensure that the laws of the United States are faithfully executed.
Should that review determine that existing constitutional or statutory responsibilities remain to be carried out, the Executive Branch will then be positioned to recommend and implement lawful actions within the authority granted by the Constitution and the Acts of Congress.