Presidential Materials: Politics and the Presidential Records Act

President George W. Bush's Executive Order No. 13,233, issued on 1 November 2001, marked the latest attempt by the executive branch to circumvent or otherwise nullify the key provisions of the Presidential Records Act. Congress passed the Presidential Records Act in 1978 in the wake of the Watergate scandals to assure public ownership and control over presidential materials. Nonetheless, starting with the presidency of Ronald Reagan, who was the first president to be covered by the act, the executive branch has repeatedly attacked the statute through various regulatory schemes and overly broad claims of executive privilege. Indeed, with their historical reputations and legacies at stake, presidents have never fully accepted the concept of yielding control over their presidential materials. This article reviews the troubling history of the Presidential Records Act and the implications of the latest attempts to restrict access to presidential papers.

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