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A justice department opinion arguing the Presidential Records Act is unconstitutional could revert the nation to a time when presidents freely burned their papers

  • Written by Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College
A justice department opinion arguing the Presidential Records Act is unconstitutional could revert the nation to a time when presidents freely burned their papersAt least one past president burned his papers.Stephen Hyun/Getty Images

Prior to 1978, U.S. presidents could do what they pleased with the records from their time in office. They owned them.

But in 1978, the Presidential Records Act established new rules for the official records of a president. Passed in the wake of Watergate, when President Richard...

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