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 U.S. Presidential Records Act

It Is Written Presidental Records Act

The only reasonable interpretation however is that Tweets are personal. Period. Laws are not to be construed to render an absurdity. That is a rule of statutory construction. It is probably good to perhaps modify the statutes, so that it is clear. Lynn Torgerson, Esq.

The Presidential Records Act

TITLE 44 — PUBLIC PRINTING AND DOCUMENTS

Chapter 22 — Presidential Records, 44 U.S.C. § 2201 — 44 U.S.C. § 2207

 

44 U.S.C. § 2201 — Definitions

As used in this Chapter —

(1) The term "documentary material" means all books, correspondence, memorandums, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited to, audio, audiovisual, or other electronic or mechanical recordations.

 

(2) The term "Presidential records" means documentary materials, or any reasonably segregable portion thereof, created or received by the President, his immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise and assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term —

 

(A) includes any documentary materials relating to the political activities of the President or members of his staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but

 

(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) 1 of title 5, United States Code); (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.

 

(3) The term "personal records" means all documentary materials, or any reasonably segregable portion therof,2 of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes —

 

(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;

 

(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and

 

(C) materials relating exclusively to the President's own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.

 

(4) The term "Archivist" means the Archivist of the United States.

 

(5) The term "former President", when used with respect to Presidential records, means the former President during whose term or terms of office such Presidential records were created.

 

(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2523.) Official Notes

 

44 U.S.C. § 2202 — Ownership of Presidential records

The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this Chapter.

 

(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2524.)

 

44 U.S.C. § 2203 — Management and custody of Presidential records

(a) Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are maintained as Presidential records pursuant to the requirements of this section and other provisions of law.

 

(b) Documentary materials produced or received by the President, his staff, or units or individuals in the Executive Office of the President the function of which is to advise and assist the President, shall, to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.

 

(c) During his term of office, the President may dispose of those of his Presidential records that no longer have administrative, historical, informational, or evidentiary value if —

 

(1) the President obtains the views, in writing, of the Archivist concerning the proposed disposal of such Presidential records; and

 

(2) the Archivist states that he does not intend to take any action under subsection (e) of this section.

 

(d) In the event the Archivist notifies the President under subsection (c) that he does intend to take action under subsection (e), the President may dispose of such Presidential records if copies of the disposal schedule are submitted to the appropriate Congressional Committees at least 60 calendar days of continuous session of Congress in advance of the proposed disposal date. For the purpose of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the days in which Congress is in continuous session.

 

(e) The Archivist shall request the advice of the Committee on Rules and Administration and the Committee on Governmental Affairs of the Senate and the Committee on House Oversight and the Committee on Government Operations of the House of Representatives with respect to any proposed disposal of Presidential records whenever he considers that —

 

(1) these particular records may be of special interest to the Congress; or

 

(2) consultation with the Congress regarding the disposal of these particular records is in the public interest.

 

(f)(1) Upon the conclusion of a President's term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President. The Archivist shall have an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this Act.

 

(2) The Archivist shall deposit all such Presidential records in a Presidential archival depository or another archival facility operated by the United States. The Archivist is authorized to designate, after consultation with the former President, a director at each depository or facility, who shall be responsible for the care and preservation of such records.

 

(3) The Archivist is authorized to dispose of such Presidential records which he has appraised and determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation. Notice of such disposal shall be published in the Federal Register at least 60 days in advance of the proposed disposal date. Publication of such notice shall constitute a final agency action for purposes of review under Chapter 7 of title 5, United States Code.

 

(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2524; amended Pub. L. 104-186, title II, § 223(9), Aug. 20, 1996, 110 Stat. 1752.)

44 U.S.C. § 2204 — Restrictions on access to Presidential records

(a) Prior to the conclusion of his term of office or last consecutive term of office, as the case may be, the President shall specify durations, not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record, within one or more of the following categories:

 

(1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive order;

 

(2) relating to appointments to Federal office;

 

(3) specifically exempted from disclosure by statute (other than sections 552 and 552b of title 5, United States Code), provided that such statute (A) requires that the material be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of material to be withheld;

 

(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;

 

(5) confidential communications requesting or submitting advice, between the President and his advisers, or between such advisers; or

 

(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

 

(b)(1) Any Presidential record or reasonably segregable portion thereof containing information within a category restricted by the President under subsection (a) shall be so designated by the Archivist and access thereto shall be restricted until the earlier of —

 

(A)(i) the date on which the former President waives the restriction on disclosure of such record, or

 

(ii) the expiration of the duration specified under subsection (a) for the category of information on the basis of which access to such record has been restricted; or

 

(B) upon a determination by the Archivist that such record or reasonably segregable portion thereof, or of any significant element or aspect of the information contained in such record or reasonably segregable portion thereof, has been placed in the public domain through publication by the former President, or his agents.

 

(2) Any such record which does not contain information within a category restricted by the President under subsection (a), or contains information within such a category for which the duration of restricted access has expired, shall be exempt from the provisions of subsection (c) until the earlier of —

 

(A) the date which is 5 years after the date on which the Archivist obtains custody of such record pursuant to section 2203(d)(1); or

 

(B) the date on which the Archivist completes the processing and organization of such records or integral file segment thereof.

 

(3) During the period of restricted access specified pursuant to subsection (b)(1), the determination whether access to a Presidential record or reasonably segregable portion thereof shall be restricted shall be made by the Archivist, in his discretion, after consultation with the former President, and, during such period, such determinations shall not be subject to judicial review, except as provided in subsection (e) of this section. The Archivist shall establish procedures whereby any person denied access to a Presidential record because such record is restricted pursuant to a determination made under this paragraph, may file an administrative appeal of such determination. Such procedures shall provide for a written determination by the Archivist or his designee, within 30 working days after receipt of such an appeal, setting forth the basis for such determination.

 

(c)(1) Subject to the limitations on access imposed pursuant to subsections (a) and (b), Presidential records shall be administered in accordance with section 552 of title 5, United States Code, except that paragraph (b)(5) of that section shall not be available for purposes of withholding any Presidential record, and for the purposes of such section such records shall be deemed to be records of the National Archives and Records Administration. Access to such records shall be granted on nondiscriminatory terms.

 

(2) Nothing in this Act shall be construed to confirm, limit, or expand any constitutionally-based privilege which may be available to an incumbent or former President.

 

(d) Upon the death or disability of a President or former President, any discretion or authority the President or former President may have had under this Chapter shall be exercised by the Archivist unless otherwise previously provided by the President or former President in a written notice to the Archivist.

 

(e) The United States District Court for the District of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President's rights or privileges.

 

(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2525; amended Pub. L. 98-497, title I, § 107(b)(7), Oct. 19, 1984, 98 Stat. 2287.)

 

 

 

44 U.S.C. § 2205 — Exceptions to restricted access

Notwithstanding any restrictions on access imposed pursuant to section 2204 —

 

(1) the Archivist and persons employed by the National Archives and Records Administration who are engaged in the performance of normal archival work shall be permitted access to Presidential records in the custody of the Archivist;

 

(2) subject to any rights, defenses, or privileges which the United States or any agency or person may invoke, Presidential records shall be made available —

 

(A) pursuant to subpena or other judicial process issued by a court of competent jurisdiction for the purposes of any civil or criminal investigation or proceeding;

(B) to an incumbent President if such records contain information that is needed for the conduct of current business of his office and that is not otherwise available; and

 

(C) to either House of Congress, or, to the extent of matter within its jurisdiction, to any committee or subcommittee thereof if such records contain information that is needed for the conduct of its business and that is not otherwise available; and

 

(3) the Presidential records of a former President shall be available to such former President or his designated representative.

 

(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2527; amended Pub. L. 98-497, title I, § 107(b)(7), Oct. 19, 1984, 98 Stat. 2287.)

 

44 U.S.C. § 2206 — Regulations

The Archivist shall promulgate in accordance with section 553 of title 5, United States Code, regulations necessary to carry out the provisions of this Chapter. Such regulations shall include —

 

(1) provisions for advance public notice and description of any Presidential records scheduled for disposal pursuant to section 2203(f)(3);

 

(2) provisions for providing notice to the former President when materials to which access would otherwise be restricted pursuant to section 2204(a) are to be made available in accordance with section 2205(2);

 

(3) provisions for notice by the Archivist to the former President when the disclosure of particular documents may adversely affect any rights and privileges which the former President may have; and

 

(4) provisions for establishing procedures for consultation between the Archivist and appropriate Federal agencies regarding materials which may be subject to section 552(b)(7) of title 5, United States Code.

 

(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2527.)

 

 

44 U.S.C. § 2207 — Vice-Presidential records

Vice-Presidential records shall be subject to the provisions of this Chapter in the same manner as Presidential records. The duties and responsibilities of the Vice President, with respect to Vice-Presidential records, shall be the same as the duties and responsibilities of the President under this Chapter with respect to Presidential records. The authority of the Archivist with respect to Vice-Presidential records shall be the same as the authority of the Archivist under this Chapter with respect to Presidential records, except that the Archivist may, when the Archivist determines that it is in the public interest, enter into an agreement for the deposit of Vice-Presidential records in a non-Federal archival depository. Nothing in this Chapter shall be construed to authorize the establishment of separate archival depositories for such Vice-Presidential records.

 

(Added Pub. L. 95-591, § 2(a), Nov. 4, 1978, 92 Stat. 2527.)

We try to keep price lists up to date. Price list of our pharmacies are updated daily - go to pharmacy online : Announcements of new drugs. Shares. Best price.

Note: The only reasonable interpretation however is that Tweets are personal. Period. Laws are not to be construed to render an absurdity. That is a rule of statutory construction. It is probably good to perhaps modify the statutes, so that it is clear. Lynn Torgerson, Esq.

Posted by editor on Sunday, January 22 @ 11:12:56 MST (276 reads)
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 Age of Enlightenment, History of liberalism and French Revolution

It Is Written Age of Enlightenment, History of liberalism and French Revolution

INTERNAL

MEMORANDUM

For Internal Use Only

The Unalienable Rights Foundation

P.O. Box 65002

Virginia Beach, Virginia 23467-5002

Telephone 757-818-8003

E-Mail UnalienableRights@uarf.us

 



Age of Enlightenment

Age of Enlightenment, History of liberalism and French Revolution

John Locke, the "Father of classical liberalism"

Elements of libertarianism can be traced as far back as the ancient Chinese philosopher Lao-Tzu and the higher-law concepts of the Greeks and the Israelites. In 17th-century England, libertarian ideas began to take modern form in the writings of the Levellers and John Locke. In the middle of that century, opponents of royal power began to be called Whigs, or sometimes simply "opposition" or "country" (as opposed to Court) writers.

During the 18th century, classical liberal ideas flourished in Europe and North America. Libertarians of various schools were influenced by classical liberal ideas.

Thomas Paine

John Locke greatly influenced both libertarianism and the modern world in his writings published before and after the English Revolution of 1688, especially A Letter Concerning Toleration (1667), Two Treatises of Government (1689) and An Essay Concerning Human Understanding (1690). In the latter he established the basis of liberal political theory: that people's rights existed before government; that the purpose of government is to protect personal and property rights; that people may dissolve governments that do not do so; and that representative government is the best form to protect rights.[104] The United States Declaration of Independence was inspired by Locke in its statement: "to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it..." Nevertheless scholar Ellen Meiksins Wood says that "there are doctrines of individualism that are opposed to Lockean individualism(...)and non-lockean individualism may encompass socialism".

According to Murray Rothbard, the libertarian creed emerged from the classical liberal challenges to an "absolute central State and a king ruling by divine right on top of an older, restrictive web of feudal land monopolies and urban guild controls and restrictions", the mercantilism of a bureaucratic warfaring state allied with privileged merchants. The object of classical liberals was individual liberty in the economy, in personal freedoms and civil liberty, separation of state and religion, and peace as an alternative to imperial aggrandizement. He cites Locke's contemporaries, the Levellers, who held similar views. Also influential were the English "Cato's Letters" during the early 1700s, reprinted eagerly by American colonists who already were free of European aristocracy and feudal land monopolies.

In January of 1776, only two years after coming to America from England, Thomas Paine published his pamphlet "Common Sense" calling for independence for the colonies. Paine promoted classical liberal ideas in clear, concise language that allowed the general public to understand the debates among the political elites. Common Sense was immensely popular in disseminating these ideas, selling hundreds of thousands of copies. Paine later would write the Rights of Man and The Age of Reason and participate in the French Revolution. Paine's theory of property showed a "libertarian concern" with the redistribution of resources.

In 1793, William Godwin wrote a libertarian philosophical treatise, Enquiry Concerning Political Justice and its Influence on Morals and Happiness, which criticized ideas of human rights and of society by contract based on vague promises. He took classical liberalism to its logical anarchic conclusion by rejecting all political institutions, law, government, and apparatus of coercion, as well as all political protest and insurrection. Instead of institutionalized justice he proposed that people influence one and other to moral goodness through informal reasoned persuasion, including in the associations they joined, and that this would facilitate human happiness.

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Posted by editor on Wednesday, May 07 @ 05:35:54 MST (2297 reads)
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 Antonin on the Separation of Powers

It Is Written Seperation of Powers Antonin Scalia

Separation
of Powers

Mouse Over And Click
To see the C.L.E. Materials

Presentation of A Summary
of The Right Hon. Justice
Antonin Scalia’s
Summer Course on the
Separation of Powers

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Posted by editor on Tuesday, March 25 @ 20:41:17 MST (1627 reads)
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 FTC amicus brief in Batman v. Facebook

It Is Written

 FTC amicus brief in Batman v. Facebook

Federal Trade Commission: Protecting America's Consumers

Mousze over and click the FTC logo to see full Brief in PDF

FTC Files Amicus Brief Clarifying Role of Children’s Online Privacy Protection Act

Brief Counters District Court Assertion that COPPA Preempts State Privacy Laws Regarding Teenagers

The Federal Trade Commission filed an amicus brief in the 9th U.S. Circuit Court of Appeals, arguing that a federal district court ruling that the Children’s Online Privacy Protection Act (COPPA) preempts state privacy laws regarding children between 13 and 18 years of age was not correct.

The case at hand involves a class action suit filed against Facebook, Inc. regarding its use of teenagers’ likenesses in "Sponsored Stories" posts. The district court, in approving a settlement of the class action suit, ruled that objections raised by some potential class members on points of California state law were not valid. The court ruled that COPPA’s provisions related to children under 13 preempted state laws regarding the privacy of children older than 13.

In its brief, the FTC argues that COPPA’s preemption provisions do not apply to state privacy protections for teenagers, who are not covered by COPPA. COPPA’s provisions apply to children under the age of 13. The FTC’s filing does not address the merits of the underlying class action suit nor the merits of the settlement.

The Commission vote approving the filing of the amicus brief in Batman v. Facebook (also known as Fraley v. Facebook) was 3-0-1, with Commissioner Ohlhausen abstaining

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

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Posted by editor on Saturday, March 22 @ 07:02:00 MST (2029 reads)
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