Real bill currently in Congress c/o HR/119/10131
National Archives Protection Act
Latest action (2026-08-20): Referred to the House Committee on Oversight and Government Reform.
The Framers
“Founders’ Verdict”
Confidence 0.75
Synthesis
Three Founders (Hamilton, Madison, Jefferson) find the bill constitutional under the Property Clause and Necessary and Proper Clause, while Marshall conditions constitutionality on whether the prohibition serves a legitimate federal purpose without unduly encroaching on executive discretion. The majority leans constitutional, but Marshall's conditional dissent creates a split.
The bill prohibits the closure of Federal records centers, which is a valid exercise of Congress's power under the Property Clause to make rules respecting the property of the United States, and under the Necessary and Proper Clause to enact laws that carry into execution the powers vested in the federal government. While the executive branch possesses discretion in managing federal property, Congress may impose restrictions on the disposition of such property, as it does here, without violating the separation of powers. The President retains the duty to faithfully execute the laws, including …
Congress possesses clear constitutional authority to regulate the disposition of federal property and records under the Property Clause of Article IV, Section 3, Clause 2, which grants Congress power over the territories and property of the United States. Additionally, the Necessary and Proper Clause of Article I, Section 8, Clause 18 enables Congress to make laws that are necessary and proper for carrying into execution its enumerated powers, including the management and preservation of federal records. This bill, by prohibiting the closure of Federal records centers, is a proper exercise of …
The bill, which prohibits the closure of Federal records centers, pertains solely to the management and preservation of federal property and records. The Constitution vests Congress with the power to make all laws which shall be necessary and proper for carrying into execution the enumerated powers of the federal government (Article I, Section 8, Clause 18). The operation and maintenance of federal records centers are integral to the administration of federal laws and the preservation of official documents, which fall within the legitimate scope of legislative authority. Moreover, the bill doe…
The Constitution vests in Congress the power to make all laws which shall be necessary and proper for carrying into execution the enumerated powers, including the management of federal property and records. However, the prohibition on closure of Federal records centers must be examined under the Necessary and Proper Clause to ensure it is a legitimate means to a constitutional end, such as preserving records for the exercise of federal powers. If this prohibition impedes the Executive's ability to manage the internal operations of the government in a manner not inconsistent with constitutional…
What should pass
“AI Consensus Solution”
Federal Records Center Preservation and Access Assurance Act of 2025
Prevent the closure of federal records centers to ensure ongoing public access to federal records for accountability, transparency, and historical preservation.
Bipartisan rationale: Honors Democratic priorities of government transparency, accountability, and public access to records. Honors Republican priorities of fiscal responsibility and operational flexibility by allowing closure only after a cost-benefit analysis and public process, and by including a sunset to prevent permanent mandates.
Vote-count path: House: ~250 votes (200 Democrats + 50 moderate Republicans); Senate: ~60 votes (48 Democrats + 12 Republicans from the oversight and transparency caucus).