This memorandum respectfully presents a constitutional question concerning the present responsibilities of the Executive Branch under Article II of the Constitution of the United States.
Its purpose is neither to revisit prior litigation, challenge the constitutional role of the Judiciary, nor advocate new legislation.
Rather, it asks whether existing constitutional and statutory responsibilities arising from the Reconstruction settlement continue to impose duties upon the Office of the President and, if so, whether those duties have been fully examined and faithfully executed.
The memorandum proceeds from a simple constitutional premise:
The President’s oath requires the faithful execution of existing law.
Accordingly, this memorandum recommends a careful executive review of the Constitution, the Reconstruction enactments, and the historical record surrounding their adoption in order to determine whether continuing executive responsibilities remain under existing federal law.
The objective is not constitutional innovation.
The objective is constitutional fidelity.
Respectfully, this memorandum is offered as an invitation to constitutional examination by the Office of the President, the White House Counsel, the Attorney General, and other appropriate executive officials entrusted with preserving, protecting, defending, and faithfully executing the Constitution and the laws of the United States.