Issuance of Commemorative Proclamations

Office of Legal Counsel

Issuance of Commemorative Proclamations

Department of Justice Office of Legal Counsel·Decided September 20, 1977·Published

Opinion

September 20, 1977

78-85 MEMORANDUM OPINION FOR A PRESIDENTIAL ASSISTANT

Commemorative Proclamations—Issuance of

This memorandum is in response to your request for our opinion on the extent to which issuance by the President o f commemorative proclamations is mandatory.

There are some commemorative proclamations issued without congressional request, on the basis o f longstanding tradition (e .g ., Thanksgiving Day, Small Business W eek, Red Cross Month). Others are issued pursuant to joint resolutions o f the Congress. Joint resolutions authorizing and requesting issuance o f annual proclamations or a permanent proclamation are codified in 36 U .S .C ., Ch. 9 (National Observances).

With respect to proclamations issued as a matter of tradition, issuance is discretionary and the President can if he wishes either discontinue issuing such proclamations or he can issue perm anent proclamations calling for the obser vance of the occasion each year in the future so that further proclamations on the subject would not be necessary. Examples of permanent proclamations are Proclamation No. 2957 o f Decem ber 13, 1951, 3 CFR 143 (1949-1953 Com pilation), calling for the observance o f Stephen Foster Memorial Day on Janu ary 13 each year, issued pursuant to 36 U .S.C . § 158, and Proclamation No. 3537 of May 4, 1963, 3 CFR 285 (1959-1963 Compilation), calling for the observance o f Peace Officers Memorial Day on May 15 and Police W eek, the week o f May 15 each year, issued pursuant to 36 U .S.C . § 167.

All commemorative proclam ations are purely hortatory and without legal force or effect, whether or not the Congress has requested that a proclamation on the subject be issued annually. Therefore, if the President should decline to honor a congressional request for issuance o f an annual proclamation, it would be without legal ramification.

Perhaps the num ber o f proclam ations presented to the President for consider ation could be reduced if the Congress were asked to review all existing

requests for issuance of annual proclamations with a view to eliminating some requests and substituting a request for a permanent proclamation.

John M . H arm on

A ssistant Attorney G eneral Office o f L egal Counsel

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September 20, 1977

78-85 MEMORANDUM OPINION FOR A PRESIDENTIAL ASSISTANT

Commemorative Proclamations—Issuance of

This memorandum is in response to your request for our opinion on the extent to which issuance by the President o f commemorative proclamations is mandatory.

There are some commemorative proclamations issued without congressional request, on the basis o f longstanding tradition (e .g ., Thanksgiving Day, Small Business W eek, Red Cross Month). Others are issued pursuant to joint resolutions o f the Congress. Joint resolutions authorizing and requesting issuance o f annual proclamations or a permanent proclamation are codified in 36 U .S .C ., Ch. 9 (National Observances).

With respect to proclamations issued as a matter of tradition, issuance is discretionary and the President can if he wishes either discontinue issuing such proclamations or he can issue perm anent proclamations calling for the obser vance of the occasion each year in the future so that further proclamations on the subject would not be necessary. Examples of permanent proclamations are Proclamation No. 2957 o f Decem ber 13, 1951, 3 CFR 143 (1949-1953 Com pilation), calling for the observance o f Stephen Foster Memorial Day on Janu ary 13 each year, issued pursuant to 36 U .S.C . § 158, and Proclamation No. 3537 of May 4, 1963, 3 CFR 285 (1959-1963 Compilation), calling for the observance o f Peace Officers Memorial Day on May 15 and Police W eek, the week o f May 15 each year, issued pursuant to 36 U .S.C . § 167.

All commemorative proclam ations are purely hortatory and without legal force or effect, whether or not the Congress has requested that a proclamation on the subject be issued annually. Therefore, if the President should decline to honor a congressional request for issuance o f an annual proclamation, it would be without legal ramification.

Perhaps the num ber o f proclam ations presented to the President for consider ation could be reduced if the Congress were asked to review all existing

requests for issuance of annual proclamations with a view to eliminating some requests and substituting a request for a permanent proclamation.

John M . H arm on

A ssistant Attorney G eneral Office o f L egal Counsel

Issuance of Commemorative Proclamations, (olc 1977).

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