OLC says the Presidential Records Act is unconstitutional
United States Department of JusticeDepartment of Justice Office of Legal Counsel opinion
OLC argues that the Act exceeds Congress's powers and intrudes on executive independence.
“The PRA is unconstitutional for two independent but interlocking reasons: It exceeds Congress’s enumerated and implied powers, and it aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive.”
Original text
Where this statement fits
DOJ's constitutional challenge to the Presidential Records Act
DOJ argues that the Presidential Records Act exceeds Congress's powers and intrudes on presidential independence. Historians and watchdog groups defend public ownership and preservation requirements. A preliminary injunction against White House officials is under appeal.
Source and context
Original text
About this source
OLC argues that the Act exceeds congressional powers and intrudes on executive independence. This is the administration's legal position.
Archived copy (opens in a new tab)Before the quotation
The Counsel to the President asked whether the 1978 Act is constitutional, and OLC concludes that it is not.
After the quotation
OLC then argues that the Act serves no valid legislative purpose and exceeds Congress's oversight, preservation, regulatory and spending powers.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
OLC supplies the constitutional grounds for the administration's challenge to the records law. Its position supports that challenge, rather than opposing it.
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More from this case
Read the full caseWhite House says the records law violates the separation of powers
The White House
“The Presidential Records Act is unconstitutional and a clear violation of the separation of powers”Read statement
Weicksel criticizes abandoning mandatory record preservation
“Every time a record is destroyed, a piece of history is lost.”Read statement
Chukwu asks the appeals court to keep the preservation order in place
“Records that are destroyed are gone for good. We are asking the appeals court to uphold that order, because the historical record of the presidency belongs to the American people.”Read statement
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The Dispute Index. "OLC says the Presidential Records Act is unconstitutional". First published: 2026-10-19. Last updated: 2026-10-19. https://disputeindex.com/events/6032-olc-argues-that-the-act-exceeds-congress-s