On April 1, 2026, the Department of Justice issued an opinion by the Office of Legal Counsel (OLC) concluding that the Presidential Records Act (PRA) is facially unconstitutional because it exceeds Congress’s constitutional powers and aggrandizes the Legislative Branch at the expense of the independence and autonomy of the Executive. To say the opinion is surprising is an understatement: President...
The OLC’s opinion represents a dramatic departure from decades of legal consensus, raising questions about its underlying motivations and implications. At its strongest, the narrative challenges the PRA on separation of powers grounds, arguing that Congress cannot regulate executive records without infringing on presidential autonomy. However, the opinion’s weaknesses are glaring: it ignores the Property Clause, dismisses the Necessary and Proper Clause with minimal reasoning, and sidesteps the ...