Advertisement · 728 × 90

Posts by Phelam

Opinion)
Constitutionality of the Presidential Records Act
The Presidential Records Act is unconstitutional because it exceeds Congress's enumerated and implied powers and aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive.
April 1, 2026
MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT
You have asked whether the Presidential Records Act of 1978 ("PRA" or "Act") is constitutional. We conclude that it is not.
The PRA is unconstitutional for two independent but interlocking reasons: It exceeds Congress's enumerated and implied powers, and it aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive. "Every law enacted by Congress must be based on one or more of its powers enumerated in the Constitution," United States v. Morrison, 529 U.S. 598, 607 2000), or
"such implied powers as are necessary and proper to carry into effect the enumerated powers," Carter v. Carter Coal Co., 298 U.S. 238, 291
(1936). And congressional attempts to regulate the Presidency directly raise heightened separation of powers concerns. See The Constitutional Separation of Powers Between the President and Congress, 20 Op. O.L.C.
124, 126-29 (1996) ("Separation of Powers").
The PRA exceeds the oversight power because it serves no identifiable and valid legislative purpose. It exceeds any preservation power because Congress cannot preserve presidential records merely for the sake of posterity. It exceeds Congress's regulatory power over statutory agencies because it purports to regulate a constitutional office-the Presidency— that Congress did not create and that Congress cannot abolish. It exceeds the spending power, because that power allows Congress to incentivize outcomes with federal funding, not to directly regulate coordinate branches of government. And it exceeds Congress's power to assist in the execution of the powers vested in coordinate branches because it restri…

Opinion) Constitutionality of the Presidential Records Act The Presidential Records Act is unconstitutional because it exceeds Congress's enumerated and implied powers and aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive. April 1, 2026 MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT You have asked whether the Presidential Records Act of 1978 ("PRA" or "Act") is constitutional. We conclude that it is not. The PRA is unconstitutional for two independent but interlocking reasons: It exceeds Congress's enumerated and implied powers, and it aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive. "Every law enacted by Congress must be based on one or more of its powers enumerated in the Constitution," United States v. Morrison, 529 U.S. 598, 607 2000), or "such implied powers as are necessary and proper to carry into effect the enumerated powers," Carter v. Carter Coal Co., 298 U.S. 238, 291 (1936). And congressional attempts to regulate the Presidency directly raise heightened separation of powers concerns. See The Constitutional Separation of Powers Between the President and Congress, 20 Op. O.L.C. 124, 126-29 (1996) ("Separation of Powers"). The PRA exceeds the oversight power because it serves no identifiable and valid legislative purpose. It exceeds any preservation power because Congress cannot preserve presidential records merely for the sake of posterity. It exceeds Congress's regulatory power over statutory agencies because it purports to regulate a constitutional office-the Presidency— that Congress did not create and that Congress cannot abolish. It exceeds the spending power, because that power allows Congress to incentivize outcomes with federal funding, not to directly regulate coordinate branches of government. And it exceeds Congress's power to assist in the execution of the powers vested in coordinate branches because it restri…

You gotta be kidding me

2 weeks ago 2078 512 157 109
Preview
'Let Me Clear Things Up': Bernie Sanders Explains Wealth Tax to Wall Street Overlord Jamie Dimon | Common Dreams ​"If my 5% wealth tax on billionaires was enacted, you’d owe $135 million more in taxes, and a family of four making $150,000 or less would receive a $12,000 payment. Oh, and you’d still be worth more...

www.commondreams.org/news/sanders...

2 weeks ago 6 3 0 0

Two Weeks

2 weeks ago 0 0 0 0

Two Weeks

2 weeks ago 0 0 0 0

Trump's corner man is panicking

2 weeks ago 535 31 23 2

They’re still going! Commercial free!

3 weeks ago 0 0 0 0

Pisses me off every time!

3 weeks ago 11 0 0 0

It’s also about keeping people from going to college, and lowering expectations generally. They want a healthy crop of indentured servants for the next generation.

2 months ago 15 0 0 0
Post image Post image Post image

⛓️CONCENTRATION CAMPS & INCINERATORS—D.H.S. is setting up a huge network of camps. They are converting the U.S. as a region for ‘expeditionary military deployment’ & no-bid no-public-comment contracts to build a “ghost network” of 10,000-person concentration camps. Jesus. Thread 🧵

2 months ago 2343 1779 153 434

If you watched today’s episode of @cbssundaymorning.bsky.social, it’s clear that Bari Weiss now has her paws in it. I’m sure that Margaret Brennan + Face The Nation will be next.

2 months ago 1 0 0 0
Advertisement

If you watch today’s episode of CBS Sunday Morning, it’s clear that she’s now got her paws in it. I’m sure that Margaret Brennan will be next.

2 months ago 1 0 0 0

This morning’s episode had Ted Koppel interviewing a southeastern bear-hunting family, and Norah O interviewing podcaster Mel Robbins. Always “light,” but there shift is visible.

2 months ago 0 0 0 0
Post image

The big new @pewresearch.org poll found Trump’s approval down to 37%, a number shrinking ever-closer to his hard-core quarter-of-America cult, those who still “support all or most of Trump’s policies” (27%), still say he “respects US democratic values” (25%) and “acts ethically in office” (21%).

2 months ago 43 19 3 0
Gabe Amo (RI-01)	Val Hoyle (OR-04) 	Gwen Moore (WI-04) 
Yassamin Ansari (AZ-03)	Jared Huffman (CA-02) 	Seth Moulton (MA-06) 
Becca Balint (VT-AL) 	Jonathan Jackson (IL-01) 	Alexandria Ocasio-Cortez (NY-14) 
Don Beyer (VA-08)	Sara Jacobs (CA-51) 	Ilhan Omar (MN-05) 
Andre Carson (IN-07) 	Pramila Jayapal (WA-07)	Mark Pocan (WI-02) 
Sean Casten (IL-06) 	Sydney Kamlager-Dove (CA-37) 	Ayanna Pressley (MA-07) 
Joaquin Castro (TX-20) 	Bill Keating (MA-09) 	Delia Ramirez (IL-03) 
Steve Cohen (TN-09) 	Robin Kelly (IL-02) 	Emily Randall (WA-06) 
Maxine Dexter (OR-03) 	Raj Krishnamoorthi (IL-08) 	Jamie Raskin (MD-08) 
Lloyd Doggett (TX-37) 	Summer Lee (PA-12) 	Pat Ryan (NY-18) 
Veronica Escobar (TX-16) 	Teresa Leger Fernandez (NM-03) 	Lateefah Simon (CA-12) 
Adriano Espaillat (NY-13) 	Zoe Lofgren (CA-18) 	Melanie Stansbury (NM-01) 
Lizzie Fletcher (TX-07) 	Stephen Lynch (MA-08) 	Suhas Subramanyam (VA-10) 
Val Foushee (NC-04) 	Seth Magaziner (RI-02) 	Mark Takano (CA-39) 
Laura Friedman (CA-30) 	Sarah McBride (DE-AL) 	Rashida Tlaib (MI-12) 
Maxwell Frost (FL-10) 	Morgan McGarvey (KY-03) 	Nydia Velázquez (NY-07) 
Robert Garcia (CA-42) 	Jim McGovern (MA-02) 	Bonnie Watson Coleman (NJ-12) 
Chuy García (IL-04) 	LaMonica McIver (NJ-10) 	
Dan Goldman (NY-10) 	Gregory Meeks (NY-05) 	
Adelita Grijalva (AZ-07) 	Robert Menendez (NJ-08)

Gabe Amo (RI-01) Val Hoyle (OR-04) Gwen Moore (WI-04) Yassamin Ansari (AZ-03) Jared Huffman (CA-02) Seth Moulton (MA-06) Becca Balint (VT-AL) Jonathan Jackson (IL-01) Alexandria Ocasio-Cortez (NY-14) Don Beyer (VA-08) Sara Jacobs (CA-51) Ilhan Omar (MN-05) Andre Carson (IN-07) Pramila Jayapal (WA-07) Mark Pocan (WI-02) Sean Casten (IL-06) Sydney Kamlager-Dove (CA-37) Ayanna Pressley (MA-07) Joaquin Castro (TX-20) Bill Keating (MA-09) Delia Ramirez (IL-03) Steve Cohen (TN-09) Robin Kelly (IL-02) Emily Randall (WA-06) Maxine Dexter (OR-03) Raj Krishnamoorthi (IL-08) Jamie Raskin (MD-08) Lloyd Doggett (TX-37) Summer Lee (PA-12) Pat Ryan (NY-18) Veronica Escobar (TX-16) Teresa Leger Fernandez (NM-03) Lateefah Simon (CA-12) Adriano Espaillat (NY-13) Zoe Lofgren (CA-18) Melanie Stansbury (NM-01) Lizzie Fletcher (TX-07) Stephen Lynch (MA-08) Suhas Subramanyam (VA-10) Val Foushee (NC-04) Seth Magaziner (RI-02) Mark Takano (CA-39) Laura Friedman (CA-30) Sarah McBride (DE-AL) Rashida Tlaib (MI-12) Maxwell Frost (FL-10) Morgan McGarvey (KY-03) Nydia Velázquez (NY-07) Robert Garcia (CA-42) Jim McGovern (MA-02) Bonnie Watson Coleman (NJ-12) Chuy García (IL-04) LaMonica McIver (NJ-10) Dan Goldman (NY-10) Gregory Meeks (NY-05) Adelita Grijalva (AZ-07) Robert Menendez (NJ-08)

The House voted 341 to 79 to fund Trump's war-mongering foreign policy agenda.

Only 57 Democrats voted NO.

clerk.house.gov/evs/2026/rol...

3 months ago 2861 1375 523 1231
Here's where Port Authority's Manhattan bus terminal makeover stands An $11 billion project to reconstruct and expand the world’s busiest bus terminal is underway.

Here is the latest on construction at the Port Authority Bus Terminal and how it will disrupt commutes for straphangers in the coming years.

3 months ago 4 3 0 0

@stephruhle.bsky.social you take Tur’s spot ,Fugelsang + female co-host can take 11pm. I would executive produce them.

3 months ago 0 0 0 0

Really wish you had the 2pm-4PM Eastern slot to discuss this and market related matters!

3 months ago 0 0 0 1

What this Venezuelan regime change really needs is a Gangsta Rap playlist.

3 months ago 2 0 0 0
Post image Post image Post image Post image

They’ve got Twitter up on the big screens in Trump’s Mar-a-Lago makeshift “situation room.”

Photos from Trump’s Truth Social account.

3 months ago 1789 503 235 404
Advertisement

(🚨) BREAKING NEWS (CNN Live): According to Reuters, the Authoritarian Venezuelan VP Trump Is Saying Now Works for Him—Even As He Rejected the Ticket Venezuelans Democratically Elected in 2024—Was in Russia When Trump Attacked Caracas, Suggesting Possible Trump-Putin Coordination

3 months ago 451 199 32 16

What will Dems do to court farmers and rural voters in 2026? Absolutely nothing.

4 months ago 1 0 0 0
Preview
CIA concludes Saudi crown prince ordered Jamal Khashoggi’s assassination Audio recordings, intercepted phone calls and other intelligence link Mohammed bin Salman to killing that Saudis say was conducted by rogue elements.

A reminder that seven years ago almost to the day, the CIA determined that Mohammed Bin Salman ordered the killing of @washingtonpost.com journalist Jamal Khashoggi.

I hired and worked with Jamal for a year.

www.washingtonpost.com/world/nation...

5 months ago 29278 12282 1113 660
NJ Turnpike board switches engineering firms after 77 years The board approved a $93 million contract with AECOM for general consulting engineering services. HNTB Corp. previously had the contract for decades.

HNTB Corp. has been the engineering consultant of record for the New Jersey Turnpike Authority for the entire 77-year history of the NJTA -- until now.

Yesterday, they chose a new engineering firm.

My story ⬇️

5 months ago 3 2 0 0
Preview
The Supreme Court Just Gave Trump the Green Light to Do His Worst The conservative justices’ ruling in the birthright citizenship case unshackles the president from lower-court rulings that curbed his unconstitutional abuses of power.

The Supreme Court looked at the birthright citizenship litigation and said, “You know what the real threat to our constitutional order is? Federal district court judges.” newrepublic.com/article/1973...

9 months ago 124 28 4 3
Video

This Supreme Court ruling requires public schools to allow parents to opt their children out of lessons that don't align with their families' religious beliefs.

This will harm teachers' ability to foster inclusive, welcoming educational experiences reflective of the diverse communities they serve.

9 months ago 912 241 105 26

What is happening in immigration detention right now is inhumane and unsustainable.

9 months ago 5 3 0 0
Preview
After NJ's deadliest year for pedestrians in decades, state plans to cut safety money After New Jersey recorded the deadliest year for pedestrians in 36 years, Gov. Phil Murphy has proposed cutting money for pedestrian safety projects.

There were 227 pedestrian deaths in NJ in 2024 — the deadliest year for peds since 1986.

Gov Murphy vowed to make this a priority in his state of the state this year.

Yet the gov’s budget proposal slashes funding for local transportation safety projects.
www.northjersey.com/story/news/t...

10 months ago 20 12 0 3

Thank you for your continued outstanding research and journalism.

11 months ago 1 0 0 0
Preview
Longtime NJ Advance Media reporter Matt Arco dies at age 39 Matt Arco, 39, covered New Jersey and national politics for NJ Advance Media.

I only really ever heard about the greatness of Matthew Arco having only met him once or twice.

But his legendary career lives on in the clips. What a loss for local journalism and NJ.
www.nj.com/politics/202...

11 months ago 5 2 0 0
Advertisement
Preview
Positive Co-Parenting Tips for Divorced & Separated Parents — Logical Process Servers — Subpoena Service — (201) 381-8057 Discover proven positive co-parenting strategies to foster harmony, consistency, and cooperation for divorced or separated families today.

Divorced or Separated Parents, Building a Healthy Environment for Your Children:
#divorce #divorcehelp #CoParentingGoals #coparenting

11 months ago 1 0 0 0