Just Security – By Christopher Fonzone. April 15, 2026. “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: Presidents have traditionally complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality. Nonetheless, I closely read the opinion, remembering that there are examples of seemingly long-settled legal doctrines being unexpectedly reconsidered for the better. But this isn’t such a case. Usually the obvious answer to a legal question is the right one.”