nixon administrator general services argued april decided june appellant resigned president executed depository agreement administrator general services provided storage near appellant california home presidential materials estimated million pages documents tape recordings accumulated appellant terms office agreement neither appellant general services administration gsa gain access materials without consent appellant withdraw original writing three years although make withdraw copies initial period withdraw materials except tape recordings respect tape recordings appellant agreed withdraw originals five years make reproductions mutual agreement following period administrator destroy tapes appellant directed tapes destroyed appellant death expiration years whichever occurred first shortly public announcement agreement bill introduced congress designed abrogate three months later bill enacted presidential recordings materials preservation act act signed law president ford act directs administrator gsa take custody appellant presidential materials screened government archivists order return appellant personal private nature preserve historical value make materials available use judicial proceedings subject rights defenses privileges federal government person may invoke administrator also directed promulgate regulations govern eventual public access materials regulations must take account seven guidelines specified act including inter alia need protect person opportunity assert legally constitutionally based right privilege need return appellant family materials personal private nature regulations yet become effective day act signed law appellant filed action district challenging act constitutionality grounds inter alia face violates principle separation powers presidential privilege appellant privacy interests first amendment associational rights bill attainder clause seeking declaratory injunctive relief enforcement act concluding since regulations yet taken effect consider injury appellant constitutionally protected interests allegedly caused taking presidential materials custody screening government archivists district held appellant constitutional challenges without merit dismissed complaint held act face violate principle separation powers pp act regulation executive branch function control disposition presidential materials violate principle since executive branch became party act regulation president ford signed act law president carter administration acting solicitor general urged affirmance district judgment moreover function remains executive branch person gsa administrator government archivists employees branch separate powers intended operate absolute independence determining whether act violates principle proper inquiry requires analysis extent act prevents executive branch accomplishing constitutionally assigned functions potential disruption present must determined whether impact justified overriding need promote objectives within congress constitutional authority pp nothing act rendering unduly disruptive executive branch since branch remains full control presidential materials act facially designed ensure materials released release barred privileges inhering branch pp neither act face violate presidential privilege confidentiality pp view specific directions gsa administrator act take account determining public access materials need protect party opportunity assert constitutionally based right privilege need return appellant purely private materials reason believe restrictions public access ultimately established regulation adequate preserve executive confidentiality pp mere screening materials government archivists previously performed identical task former presidents without suggestion activity way interfered executive confidentiality impermissibly interfere candid communication views presidential advisers intrusion presidential confidentiality camera inspection district approved nixon pp given safeguards built act prevent disclosure materials implicate presidential confidentiality requirement appellant personal private materials returned minimal nature intrusion confidentiality presidency resulting archivists viewing materials course screening process claims presidential privilege must yield important congressional purposes preserving appellant presidential materials maintaining access lawful governmental historical purposes pp act unconstitutionally invade appellant right privacy legitimate expectation privacy personal communications constitutionality act must viewed context limited intrusion screening process appellant status public figure lack expectation privacy overwhelming majority materials conceded saw items virtual impossibility segregating apparently small quantity private materials without comprehensive screening combined act sensitivity appellant legitimate privacy interests unblemished record archivists discretion likelihood regulations promulgated moot appellant fears materials reviewed host persons apparent appellant privacy claim merit pp act significantly interfere chill appellant first amendment associational rights first amendment claim clearly outweighed compelling governmental interests promoted act preserving materials since archival screening least restrictive means identifying materials returned appellant burden screening measure first amendment claim burden speculative light act provisions protecting appellant improper public disclosures guaranteeing full judicial review public access permitted pp act violate bill attainder clause pp however expansive prohibition bills attainder intended serve variant equal protection clause invalidating every act congress burdens persons groups plausible individuals bill attainder clause serves important bulwark tyranny limiting congress choice legislating universe legislating benefits legislating pp act specificity referring appellant name automatically offend bill attainder clause since time act passage congress concerned preservation appellant materials papers former presidents already housed libraries appellant constituted legitimate class one alone justify congress decision proceed dispatch respect materials accepting status predecessors papers ordering public documents act consideration generalized standards govern successors pp congress lodging appellant materials gsa custody pending screening government archivists promulgation regulations inflict punishment within historical meaning bills attainder pp evaluated terms congress asserted proper purposes act preserve availability judicial evidence historically relevant materials act one nonpunitive legislative policymaking evidence legislative history provisions act showing congressional intent punish appellant pp brennan delivered opinion stewart marshall stevens joined part vii white joined parts iv powell joined part vii blackmun joined stevens filed concurring opinion post white post blackmun post powell post filed opinions concurring part concurring judgment burger post rehnquist post filed dissenting opinions herbert miller nathan lewin argued cause appellant briefs stan mortenson raymond larroca martin minsker william jeffress jr solicitor general mccree argued cause federal appellees brief former acting solicitor general friedman acting assistant attorney general babcock deputy assistant attorney general goldbloom robert kopp anthony steinmeyer robert herzstein argued cause appellees reporters committee freedom press et al brief andrew krulwich mark spooner peter grossi leonard simon leon friedman john shattuck joel gora filed brief appellees hellman et al william dobrovir andra oakes filed brief appellee anderson justice brennan delivered opinion title pub stat note following supp presidential recordings materials preservation act hereafter act directs administrator general services official executive branch take custody presidential papers tape recordings appellant former president richard nixon promulgate regulations provide orderly processing screening executive branch archivists materials purpose returning appellant personal private nature determine terms conditions upon public access may eventually materials retained question decision whether title unconstitutional face violation separation powers presidential privilege doctrines appellant privacy interests appellant first amendment associational rights bill attainder clause december four months appellant resigned president successor president gerald ford signed pub law next day december appellant filed action district district columbia act exclusive jurisdiction entertain complaints challenging act legal constitutional validity regulation promulgated administrator appellant complaint challenged act constitutionality number grounds sought declaratory injunctive relief enforcement district convened pursuant regulations required act governing public access materials yet effective district held questions going possibility future public release regulations yet published ripe review found need justification reach constitutional claims directed regulations promulgation might eliminate limit cast constitutional claims different light supp accordingly district limited review consideration propriety injunctive relief alleged facial unconstitutionality statute held challenges facial constitutionality act without merit therefore dismissed complaint noted probable jurisdiction affirm background historically consistent acknowledgement presidential materials peculiarly affected public interest may justify subjecting absolute ownership rights certain limitations directly related character documents records government activity agreement treated tape recordings separately donated effective september meanwhile shall remain deposit provided however ubsequent september administrator shall destroy tapes nixon may direct event tapes shall destroyed time death september whichever event shall first occur ibid otherwise tapes withdrawn reproductions made mutual agreement access september expressly reserved appellant except might authorize access others terms prescribed public announcement agreement followed days later september introduction senators senate bill became pub designed inter alia abrogate agreement passed senate october awaiting action house representatives october appellant filed suit district seeking specific enforcement agreement action consolidated suits seeking access presidential materials pursuant freedom information act ed supp also seeking injunctive relief enforcement agreement nixon sampson supra house passed version senate bill december final version passed december president ford signed law december ii act section title directs administrator general services notwithstanding law agreement understanding agreement shall receive obtain retain complete possession control original tape recordings conversations recorded caused recorded officer employee federal government involve former president richard nixon individuals time conversation employed federal government recorded white house office president executive office buildings located washington district columbia camp david maryland key biscayne florida san clemente california recorded period beginning january ending august section prohibits destruction tapes materials except may provided law makes available giving priority access office watergate special prosecutor response subpoena legal process use judicial proceedings made subject however rights defenses privileges federal government person may invoke section affords appellant person designated writing access recordings materials purpose consistent act subsequent subject regulations issued administrator see infra section provides access according regulations agency department executive branch lawful government use section requires custody tape recordings materials maintained washington except may otherwise necessary carry act directs administrator promulgate regulations necessary assure protection loss destruction prevent access unauthorized persons section pertinent part directs administrator promulgate regulations governing public access tape recordings materials section requires submission proposed regulations house congress regulations take effect end legislative days unless either house senate adopts resolution disapproving regulations must take account seven factors specified namely need provide public full truth earliest reasonable date abuses governmental power popularly identified generic term watergate need make recordings materials available use judicial proceedings need prevent general access except accordance appropriate procedures established use judicial proceedings information relating nation security need protect every individual right fair impartial trial need protect party opportunity assert legally constitutionally based right privilege prevent otherwise limit access recordings materials need provide public access materials general historical significance likely related need described paragraph need give richard nixon heirs sole custody use tape recordings materials likely related need described paragraph otherwise general historical significance iii scope inquiry regulations implementing require submission congress regulate access screening government archivists promulgated cfr regulations must submitted congress however become effective initial set proposed administrator disapproved pursuant senate resolution res sess cong rec senate also disapproved seven provisions proposed second set although set withdrawn res sess cong rec house disapproved six provisions third set res sess administrator view regulations become effective except package consequently preparing fourth set submission congress brief federal appellees district therefore concluded regulations yet taken effect regulations effective explicitly made subject judicial review consider injury appellant constitutionally protected interests allegedly worked taking presidential materials custody screening government archivists judge mcgowan writing district quoted following watson buck one foresee varying applications separate provisions conceivably might made law constitutional applied one manner may still contravene constitution applied another since contingencies attempted enforcement envisioned advance applications courts main found wiser delay passing upon constitutionality separate phases comprehensive statute faced cases involving particular provisions specifically applied persons claim injured passing upon possible significance manifold provisions broad statute advance efforts apply separate provisions analogous rendering advisory opinion upon statute declaratory judgment upon hypothetical case constitutional questions decided course considerable importance touch relationship two three coordinate branches federal government executive legislative relationship appellant government arise context unique history presidency present issues occasion heretofore address judge mcgowan speaking district comprehensively canvassed claims thorough opinion concluded none merit independent examination issues brings us conclusion although analysis differs somewhat questions iv claims concerning autonomy executive branch act product joint action congress president ford signed bill law therefore urged circumstance case truly present controversy concerning separation powers controversy concerning presidential privilege confidentiality argued claims may asserted incumbents presently responsible american people action reject argument incumbent president may assert claims hold appellant former president may also heard assert hold however neither claim claim breach constitutional privilege merit appellant argues broadly act encroaches upon presidential prerogative control internal operations presidential office therefore offends autonomy executive branch argument divided separate interrelated parts first appellant contends congress without power delegate subordinate officer executive branch decision whether disclose presidential materials prescribe terms govern disclosure appellant contends constitutes without impermissible interference legislative branch matters inherently business solely executive branch second appellant contends somewhat narrowly authorizing administrator take custody presidential materials broad undifferentiated manner authorizing future publication except privilege affirmatively established act offends presumptive confidentiality presidential communications recognized nixon argues district erred two respects rejecting contention initially contends district erred distinguishing incumbent former presidents evaluating appellant claim confidentiality appellant asserts unlike specific privilege protecting disclosure state secrets sensitive information concerning military diplomatic matters appellant concedes may asserted incumbent president generalized presidential privilege survives termination relationship much privilege survives relationship creates appellant argues district erred applying balancing test claim presidential privilege concluding notwithstanding fact materials might legitimately included within claim presidential confidentiality substantial public interests outweighed justified limited inroads presidential confidentiality necessitated act provision government custody screening materials finally appellant contends act authorization process screening materials violates privilege chill future exercise constitutionally protected executive functions thereby impairing ability future presidents obtain candid advice necessary conduct constitutionally imposed duties separation powers appellant argument event based interpretation doctrine inconsistent origins doctrine recent decisions contemporary realities political system true said three general departments government must remain entirely free control coercive influence direct indirect either others humphrey executor sound application principle makes one master house precludes imposing control house another master see also springer philippine islands pragmatic flexible approach madison federalist papers later justice story expressly affirmed three years ago nixon supra broad argument concerning separation powers made appellant context opposition subpoena duces tecum watergate special prosecutor certain presidential tapes documents value pending criminal investigation although acknowledging branch government duty initially interpret constitution interpretation powers due great respect branches squarely rejected argument constitution contemplates complete division authority three branches rather unanimous essentially embraced justice jackson view expressed concurrence youngstown sheet tube sawyer designing structure government dividing allocating sovereign power among three branches framers constitution sought provide comprehensive system separate powers intended operate absolute independence emphasis supplied therefore highly relevant act provides custody materials officials executive branch employees branch access materials lawful government use subject administrator regulations cfr clearly less intrusive place custody screening materials within executive branch congress outside agency perform screening function materials may also made available use judicial proceedings provision expressly qualified rights defense privileges person may invoke including course valid claim executive privilege nixon supra similarly although materials may eventually made available public access act expressly recognizes need protect party opportunity assert legally constitutionally based right privilege return purely private materials appellant provisions plainly guard disclosures barred defenses privileges available appellant executive branch appellant concedes act make presidential materials available congress except insofar congressmen members public entitled access public brief appellant executive branch remains full control presidential materials act facially designed ensure materials released release barred applicable privilege inherent branch thus whatever future possibilities constitutional conflict promulgation regulations respecting public access particular documents nothing contained act renders unduly disruptive executive branch therefore unconstitutional face course abundant statutory precedent regulation mandatory disclosure documents possession executive branch see freedom information act ed supp privacy act supp government sunshine act ed federal records act et seq variety statutes census data tax returns regulation material generated executive branch never considered invalid invasion autonomy cf epa mink faa administrator robertson similar congressional power regulate executive branch documents exists instance power augmented important interests act seeks attain see infra presidential privilege unlike nixon appellant asserted claim absolute presidential privilege inquiry coordinate judicial branch case initially involves appellant assertion privilege executive branch whose name privilege invoked nonfederal appellees rely apparent anomaly contend incumbent president assert privilege presidency acceptance proposition course end inquiry contention draws reynolds said privilege belongs government must asserted neither claimed waived private party district believed statement strong support contention found resolution issue unnecessary sufficed said district privilege available former president least one carries much less weight claim asserted incumbent true incumbent charged performance executive duty constitution incumbent may inhibited disclosing confidences predecessor believes effect may discourage candid presentation views contemporary advisers moreover extent privilege serves shield executive officials burdensome requests information might interfere proper performance duties see nixon cf eastland servicemen fund dombrowski eastland per curiam former president less need incumbent addition obvious political checks incumbent abuse privilege nevertheless think solicitor general sounder view adopt held nixon privilege necessary provide confidentiality required president conduct office unless give advisers assurance confidentiality president expect receive full frank submissions facts opinions upon effective discharge duties depends confidentiality necessary exchange measured months years submission information end president tenure privilege benefit president individual benefit republic therefore privilege survives individual president tenure brief federal appellees appellant may legitimately assert presidential privilege course materials whose contents fall within scope privilege recognized nixon supra case held privilege limited communications performance president responsibilities office made process shaping policies making decisions estimated million pages documents tape recordings whose custody stake district concluded appellant claim presidential privilege apply items appellant personally familiar appellant bases claim presidential privilege case assertion potential disclosure communications given appellant confidence adversely affect ability future presidents obtain candid advice necessary effective decisionmaking called upon adjudicate claim however respect process materials screened catalogued professional archivists eventual public access governed guidelines direct administrator take account need protect party opportunity assert constitutionally based right privilege need return purely private materials appellant view specific directions reason believe restriction public access ultimately established regulation adequate preserve executive confidentiality absolute barrier outside disclosure practically constitutionally necessary careful research district clearly demonstrates never expectation confidences executive office absolute unyielding former presidents president hoover president johnson deposited papers presidential libraries example appellant said intended follow governmental preservation eventual disclosure screening processes sorting materials lodgment libraries also involved comprehensive review archivists often involving materials upon access restrictions ultimately imposed expectation confidentiality executive communications thus always limited subject erosion time administration leaves office thus left bare claim mere screening materials archivists impermissibly interfere candid communication views presidential advisers agree district thus framed question readily resolved screening constitutes limited intrusion personnel executive branch sensitive executive concerns personnel performed identical task presidential libraries without suggestion activity way interfered executive confidentiality indeed light consistent historical practice past present executive officials must well aware possibility time future communications may reviewed confidential basis professional archivists appellant suggested reason review instant act rather presidential libraries act significantly likely impair confidentiality called question district finding archivists record discretion handling confidential material unblemished moreover adequate justifications shown limited intrusion executive confidentiality comparable held justify camera inspection district sustained nixon supra congress purposes enacting act exhaustively treated opinion district legislative history act clearly reveals among purposes congress acted establish regular procedures deal perceived need preserve materials legitimate historical governmental purposes incumbent president dependent happenstance whim prior president seeks access records past decisions define channel current governmental obligations american people ability reconstruct come terms history truncated analysis presidential privilege focuses needs present congress legitimately act rectify approach characterized past attempts protect substantial interests entrusting materials expert handling trusted disinterested professionals substantial public interests led congress seek preserve appellant materials desire restore public confidence political processes preserving materials source facilitating full airing events leading appellant resignation congress need understand political processes fact operated order gauge necessity remedial legislation thus preserving materials act may thought aid legislative process thus within scope congress broad investigative power see eastland servicemen fund course congress repeatedly referred importance materials judiciary event shed light upon issues civil criminal litigation social interest doubted see nixon supra light objectives scheme adopted congress preservation appellant presidential materials said overbroad true among voluminous materials screened archivists materials bear relationship objectives whose prompt return appellant therefore mandated materials commingled materials whose preservation act requires appellant like predecessors made systematic attempt segregate official personal private materials even individual documents tapes often intermingle communications relating governmental duties great interest historians future policymakers private confidential communications ibid thus presidential libraries intermingled state materials requires comprehensive review classification contemplated act congress important objectives furthered course process archivists required view small fraction materials implicate presidential confidentiality well personal private materials returned appellant given safeguards built act prevent disclosure materials minimal nature intrusion confidentiality presidency believe claims presidential privilege clearly must yield important congressional purposes preserving materials maintaining access lawful governmental historical purposes short conclude screening process contemplated act constitute severe intrusion presidential confidentiality camera inspection district approved nixon must course presume administrator career archivists concerned carry duties assigned act thus basis appellant claim act reverses presumption favor confidentiality presidential papers recognized nixon appellant right assert privilege specifically preserved act guideline provisions face broad privilege broadly written protections act nevertheless prove inadequate safeguard appellant rights prevent usurpation executive powers time enough consider problem specific factual context present hold agreement district act face violate presidential privilege privacy district treated appellant argument addressed process screening materials performed since claim appellant privacy invaded public access private materials must considered premature must actually directed regulations become effective need consider materials treated reviewed although denominating privacy claim troublesome challenge plaintiff raises district concluded claim without merit reasoned proportion million pages documents tape recordings implicating appellant privacy interests quite small since great bulk materials related appellant conduct duties president therefore materials great public interest attached touchstone legality archival processing district view reasonableness balancing public interest preserving materials touching appellant performance official duties invasion appellant privacy archival screening necessarily entails district concluded act unreasonable hence facially unconstitutional processing scheme without national interests overriding importance served one element privacy characterized individual interest avoiding disclosure personal matters whalen roe may agree appellant least government intervention stake public officials including president wholly without constitutionally protected privacy rights matters personal life unrelated acts done public capacity presidents established presidential libraries usually withheld matters concerned family personal finances deposited materials restrictions screening may assume district purposes case pattern de facto presidential control congressional acquiescence gives rise appellant legitimate expectation privacy materials katz expectation independent question ownership materials issue reach see supra merit appellant claim invasion privacy considered abstract rather claim must considered light specific provisions act intrusion must weighed public interest subjecting presidential materials appellant administration archival screening camara municipal terry ohio test privacy interest asserted appellant weaker found wanting recent decision whalen roe supra emphasizing precautions utilized new york state prevent unwarranted disclosure private medical information retained state computer bank system whalen rejected constitutional objection new york program privacy grounds act challenged mandate regulations similarly aimed preventing undue dissemination private materials unlike whalen government even retain control private information rather purely private papers recordings returned appellant act overwhelming bulk million pages documents tape recordings pertain appellant private communications official conduct presidency million pages prepared seen others widely circulated within government appellant concedes saw items understand suggest privacy claim extends items never saw see miller logical assume tape recordings made presidential offices primarily relate conduct business presidency course appellant assert privacy claim documents tape recordings already disclosed public dionisio katz supra therefore appellant privacy claim embracing example extremely private communications among others wife daughters physician lawyer clergyman close friends well personal diary dictabelts wife personal files relates small fraction massive volume official materials presently commingled fact appellant may assert privacy claim small fraction materials presidency plainly relevant judging reasonableness screening process contemplated act course without require rejection privacy argument although act requires regulations promulgated administrator take account appellant legally constitutionally based rights privileges presumably including privacy rights also take account need return appellant private materials identity separation purely private matters achieved parties concede screening materials appellant contends act therefore tantamount general warrant authorizing search seizure presidential papers effects blanket authority appellant contends precisely kind abuse fourth amendment intended prevent real evil aimed fourth amendment search invasion man privacy consists rummaging among effects secure evidence brief appellant quoting poller thus brief continues appellant private thoughts communications written spoken exposed reviewed host persons know select reason place confidence group decide personal returned historical opened public review district concluded act provisions custody screening analogized general search stanford therefore require act invalidation agree documents among vast quantity materials seized stanford even remotely related legitimate government interest case presents precisely opposite situation vast proportion appellant presidential materials official documents records appellant concedes public recognized interest moreover act provides procedures orders promulgation regulations expressly purpose minimizing intrusion appellant private personal materials finally search stanford intrusion individual home search seize personal papers furtherance criminal investigation designed exposure criminal trial contrast intrusion archivists appellant private papers effects undertaken sole purpose separating private materials returned appellant nonprivate materials retained preserved government record appellant presidency moreover screening undertaken government archivists district noted unblemished record discretion review hardly differ materially contemplated appellant intention establish presidential library presidents established libraries found screening professional archivists essential although district recognized contemplation archival review defeat appellant expectation privacy held indicate special situation documents accumulated president tenure reviewed professional government personnel pursuant process employed past presidents intrusion privacy interests less substantial might appear first ibid citation omitted district analogized screening process contemplated act electronic surveillance conducted pursuant title iii omnibus crime control safe streets act et seq think analogy apt obvious similarities two procedures involve problem separating intermingled communications expected related legitimate government objectives means segregate one except reviewing thus screening process act like electronic surveillance requires intrusion private communications unconnected legitimate governmental objectives yet fact thought render surveillance omnibus act unconstitutional donovan berger new york see also appellant argues analogy inappropriate electronic surveillance procedure carefully designed meet constitutional requirements enumerated berger new york supra including prior judicial authorization specification particular offenses said justify intrusion specification particularity conversations sought seized minimization duration wiretap termination conversation sought seized showing exigent circumstances justifying use wiretap procedure brief appellant although parallel far perfect agree district many considerations supporting constitutionality omnibus act also argue constitutionality act materials screening process example omnibus act permits electronic surveillance investigate designated crimes serious nature normal investigative techniques failed likely similarly archival review procedure involved designed serve important national interests asserted congress unavailability less restrictive means necessarily follows commingling documents similarly omnibus act expressly requires interception nonrelevant communications minimized act screening process designed minimize privacy intrusions goal reinforced regulations must take interests account fact apparently minute portion materials implicates appellant privacy interests also negates conclusion screening process unreasonable solution problem separating commingled communications sum appellant legitimate expectation privacy personal communications constitutionality act must viewed context limited intrusion screening process appellant status public figure lack expectation privacy overwhelming majority materials important public interest preservation materials virtual impossibility segregating small quantity private materials without comprehensive screening combined act sensitivity appellant legitimate privacy interests see unblemished record archivists discretion likelihood regulations promulgated administrator moot appellant fears materials reviewed host persons brief appellant compelled agree district appellant privacy claim without merit vi first amendment district viewing arguments essence claim disclosure materials violated appellant associational privacy therefore significantly different structure appellant privacy claim treated arguments limited constitutionality act screening process true respect general privacy challenge fraction materials said raise first amendment claim nevertheless district acknowledged appellant appear legitimate expectation opportunity remove sensitive political documents government screening took place ibid district concluded however reason believe mandated regulations promulgated adequately protect public access materials implicating appellant privacy political association burden arising solely review professional discreet archivists significant therefore held act significantly interfere chill appellant first amendment rights agree district conclusion course true involvement partisan politics closely protected first amendment buckley valeo compelled disclosure seriously infringe privacy association belief guaranteed first amendment compelling public need met less restrictive way override interests kusper pontikes shelton tucker particularly free functioning national institutions involved buckley valeo supra since less restrictive way archival screening suggested means identification materials returned appellant burden screening presently measure first amendment claim extent burden however speculative light act terms protecting appellant improper public disclosures guaranteeing full judicial review public access permitted district concluded first amendment claim clearly outweighed important governmental interests promoted act reasons find merit appellant argument act scheme custody archival screening materials necessarily inhibits freedom political activity future presidents thereby reduces quantity diversity political speech association nation receiving leaders brief appellant significant moreover concern deterred president ford signing act law president carter urging affirmance judgment district vii bill attainder clause finally address appellant argument act constitutes bill attainder proscribed art constitution argument congress acted premise engaged misconduct unreliable custodian documents generally deserving legislative judgment blameworthiness brief appellant thus argues act pervaded key features bill attainder law legislatively determines guilt inflicts punishment upon identifiable individual without provision protections judicial trial see brown lovett ex parte garland wall cummings missouri wall appellant argument relies almost entirely upon brown supra recent decision addressing scope bill attainder clause instructive therefore sketch broad outline case brown invalidated reporting disclosure act made crime communist party member serve officer labor union detailing infamous history bills attainder found bill attainder clause important ingredient doctrine separation powers one organizing principles system government art iii confines judiciary task adjudicating concrete cases controversies bill attainder clause found reflect framers belief legislative branch well suited politically independent judges juries task ruling upon blameworthiness levying appropriate punishment upon specific persons brown thus held worked bill attainder focusing upon easily identifiable members class members communist party imposing sanction mandatory forfeiture job office long deemed punishment within contemplation bill attainder clause see lovett supra cummings missouri supra brown lovett earlier cases unquestionably gave broad generous meaning constitutional protection bills attainder appellant proposed reading far broader still essence argues brown establishes constitution offended whenever law imposes undesired consequences individual class defined proper level generality act question therefore faulted singling appellant opposed presidents members government disfavored treatment appellant characterization meaning bill attainder obviously proves far much arguing individual defined group attainted whenever compelled bear burdens individual group dislikes appellant removes anchor ties bill attainder guarantee realistic conceptions classification punishment view cripple process legislating individual group made subject adverse legislation complain lawmakers defined relevant affected class greater level generality furthermore every person group made subject legislation finds burdensome may subjectively feel complain subjected unwarranted punishment lovett supra frankfurter concurring however expansive prohibition bills attainder surely intended serve variant equal protection doctrine invalidating every act congress legislatively burdens persons groups plausible individuals short bill attainder clause serves important bulwark tyranny brown limiting congress choice legislating universe legislating benefits legislating thus present case act specificity fact refers appellant name automatically offend bill attainder clause indeed viewed context focus enactment fairly rationally understood true title deals exclusively appellant papers title ii casts wider net establishing special commission study recommend appropriate legislation regarding preservation records future presidents federal officials light congress action preserve appellant records easily explained fact time act passage materials demanded immediate attention presidential papers former presidents hoover johnson already housed functioning presidential libraries congress reason concern solely preservation appellant materials alone entered depository agreement agreement terms called destruction certain materials indeed federal appellees argue appellant depository agreement created imminent danger tape recordings destroyed appellant contracted phlebitis die brief federal appellees short appellant constituted legitimate class one provides basis congress decision proceed dispatch respect materials accepting status predecessors papers ordering consideration generalized standards govern successors moreover even specificity element deemed satisfied bill attainder clause automatically implicated forbidden legislative punishment involved merely act imposes burdensome consequences rather must inquire whether congress lodging appellant materials custody general services administration pending screening government archivists promulgation regulations inflict ed punishment within constitutional proscription bills attainder lovett see also brown supra cummings missouri infamous history bills attainder useful starting point inquiry whether act fairly characterized form punishment leveled appellant substantial experience england abuses parliamentary legislative power offers ready checklist deprivations disabilities disproportionately severe inappropriate nonpunitive ends unquestionably held fall within proscription art statutory enactment imposes sanctions named identifiable individuals immediately constitutionally suspect england bill attainder originally connoted parliamentary act sentencing named individual identifiable members group death article however also proscribes enactments originally characterized bills pains penalties legislative acts inflicting punishment execution lovett supra frankfurter concurring cummings missouri supra chafee three human rights constitution generally addressed persons considered disloyal crown state pains penalties historically consisted wide array punishments commonly included imprisonment banishment punitive confiscation property sovereign country experience bills attainder resulted addition another sanction list impermissible legislative punishments legislative enactment barring designated individuals groups participation specified employments vocations mode punishment commonly employed legislatively branded disloyal see cummings missouri supra barring clergymen ministry absence subscribing loyalty oath lovett supra barring named individuals government employment brown supra barring communist party members offices labor unions needless say appellant claim suffered forbidden deprivations hands congress true congress ordered general services administration retain control records appellant claims property act makes provision award district compensation undercuts even colorable contention government punitively confiscated appellant property owner thereby put position monetarily occupied property taken reynolds accord miller thus feature challenged act falls within historical meaning legislative punishment inquiry ended determination act imposes punishment traditionally judged prohibited bill attainder clause treatment scope clause never precluded possibility new burdens deprivations might legislatively fashioned inconsistent bill attainder guarantee therefore often looked beyond mere historical experience applied functional test existence punishment analyzing whether law challenge viewed terms type severity burdens imposed reasonably said nonpunitive legislative purposes cummings missouri hawker new york dent west virginia trop dulles plurality opinion kennedy legitimate legislative purposes appear reasonable conclude punishment individuals disadvantaged enactment purpose decisionmakers application functional approach case leads rejection appellant argument act rests upon congressional determination blameworthiness desire punish noted previously see supra legitimate justifications passage act readily apparent first face agreement expressly contemplated destruction appellant materials congress stressed need preserve nformation included materials former president nixon needed complete prosecutions crimes second referring agreement congress expressed desire safeguard public interest gaining appropriate access materials nixon presidency general historical significance information materials great value political health vitality ibid indeed objectives stated text act note following supp congress instructs general services administration promulgate regulations ends time protect constitutional legal rights individual adversely affected administrator retention appellant materials evaluated terms asserted purposes law plainly must held act nonpunitive legislative policymaking legislation designed guarantee availability evidence use criminal trials fair exercise congress responsibility due process law fair administration criminal justice nixon functioning adversary legal system depends upon availability relevant evidence carrying commitments fair play discovery truth within bounds set law branzburg hayes blackmer blair similarly congress interest expansive authority act preservation monuments records historical value national heritage fully established gettysburg electric roe kansas legislature thus acts responsibly seeking accomplish either objectives neither supports implication legislative policy designed inflict punishment individual third recognized test punishment strictly motivational one inquiring whether legislative record evinces congressional intent punish see lovett kennedy supra district unequivocally found evidence presented us found legislative record indicate congress design impose penalty upon nixon punishment alleged past wrongdoings legislative history leads one conclusion namely act us regulatory punitive character emphasis omitted find cogent reason disagreeing conclusion first senate house committee reports formally explaining reasons urging passage act expressed interest punishing penalizing appellant rather reports justified act reference objectives fairly properly lie within congress legislative competence preserving availability judicial evidence historically relevant materials supra specifically seems clear actions houses congress predominantly precipitated resolve undo recently negotiated agreement terms departed practice former presidents expressly contemplated destruction certain presidential materials along lines supra stated despite overriding public interest preserving materials administrator general services entered agreement implemented seriously limit access records result destruction substantial portion see also relevant committee reports thus cast aspersions appellant personal conduct contain condemnation behavior meriting infliction punishment rather focus almost exclusively meaning effect agreement recently announced general services administration members congress perceived inconsistent public interest floor debates measure suggest congress intent encroaching judicial function punishing individual blameworthy offenses one opponents legislation mischaracterizing safeguards embodied bill stated one partakes characteristics bill attainder cong rec hruska key sponsor measure responded expressly denying intention determining appellant blameworthiness imposing punitive sanctions bill contain word effect nixon guilty violation law inflict punishment relation bill attainder style pulchritude compared queen sheba ervin also agree district specific aspects act square claim act punitive measure whereas appellant complains act two years deprived control materials question brief appellant congress placed materials auspices general services administration note following supp agency designated agreement depository documents minimum period app whereas appellant complains act deprives ready access materials brief appellant act provides richard nixon person may designate writing shall times access tape recordings materials district correctly construed safeguarding appellant right inspect copy use materials issue paralleling right make reproductions contained agreement app even assume merit appellant complaint property confiscated brief appellant act expressly provides payment compensation see supra features act belie punitive interpretation promulgating regulations act general services administration expressly directed congress protect appellant party opportunity assert legally constitutionally based right privilege importantly act preserves appellant protections inhere judicial proceeding assures district jurisdiction judicial review legal claims commands challenge asserted appellant shall priority docket cases leading sponsor bill emphasized expedited treatment expressly designed protect nixon property legal rights cong rec ervin finally congress ordered general services administration establish regulations recognize need give richard nixon heirs sole custody use tape recordings materials likely related articulated objectives act appellant obviously set ease precautions safeguards confirm soundness opinion given senate law division congressional research service ecause proposed bill impose criminal penalties punishment appear violate bill attainder clause cong rec one final consideration mentioned light unique posture controversy determining whether legislature sought inflict punishment individual often useful inquire existence less burdensome alternatives legislature congress achieved legitimate nonpunitive objectives today framing challenge act appellant contends alternative readily available congress provided attorney general administrator general services institute civil suit appropriate federal enjoin disposition presidential historical materials person shown unreliable custodian engaged misconduct violate criminal prohibition statute left judicial determination fair proceeding factual allegations regarding nixon blameworthiness brief appellant course blind appellant plea recognize social political realities period political turbulence unprecedented history free invalidate acts congress based upon inferences may asked draw personalized reading contemporary scene recent history judging constitutionality act may look terms intent expressed members congress voted passage existence nonexistence legitimate explanations apparent effect persuaded none factors suggestive act punitive bill attainder otherwise facially unconstitutional judgment district affirmed footnotes opinion given respecting ownership certain permanent files retained chief executive clerk white house administration administration attorney general unable definitively determine status basis information op atty app appeals district columbia circuit stayed order effectuating decision nixon sampson pending decision whether instant case priority docket district cases nixon richey app view central purpose congress relation pending litigation early prior determination act constitutionality therefore request dissolution stay entry judgment interpretation abundant support legislative history act senator javits one sponsors stated criteria endeavor protect due process individuals may named papers well privilege may involved papers course necessary access former president short argument bill authorizes absolute unrestricted public access stand face criteria requirement regulations inserted bill today cong rec nobody right affected bill provides far privacy concerned regulations administrator shall take account opportunity assert legally constitutionally based right prevent otherwise limit access tape recordings materials madison federalist reviewing origin doctrine remarked montesquieu oracle always consulted subject mean departments partial agency controul acts meaning words import amount whole power one department exercised hands possess whole power another department fundamental principles free constitution subverted federalist pp cooke ed emphasis original hen speak separation three great departments government maintain separation indispensable public liberty understand maxim limited sense meant affirm must kept wholly entirely separate distinct common link connection dependence one upon slightest degree story commentaries constitution bigelow ed see also davis administrative law treatise gunther cases materials constitutional law ed jaffe judicial control administrative action cox executive privilege rev ratner executive privilege self incrimination separation powers illusion ucla rev district correctly interpreted act require meaningful notice appellant archival decisions might bring play rights secured notice required administrator regulations cfr provide administrator general services designated agent provide former president nixon designated attorney agent prior notice allow present authorized access see reason engage debate whether appellant legal title materials see brief appellant inquiry irrelevant present purposes assures appellant compensation economic interests invaded even legal title materials thereby immune regulation accepted least since justice story opinion folsom marsh cas cc mass regardless legal title lies nature public service character documents embracing historical military diplomatic information may right even duty government give publicity even writers appellant suggestion folsom principle go beyond materials concerning national security current government business negated justice story emphasis also extended materials embracing historical information ibid emphasis added significantly limitation suggested attorney general opinion president ford although indicating view materials belonged appellant opinion acknowledged presidential materials without qualification peculiarly affected public interest may justify subjecting absolute ownership rights certain limitations directly related character documents records government activity op atty app hand even legal title rests government appellant thereby foreclosed asserting claim return private materials retained administrator contravention appellant rights privileges specified like district distinguish qualified executive privilege recognized nixon presidential privilege appellant refers except note appellant argue privilege claims extends beyond privilege recognized case see nixon recognized legitimate governmental interest confidentiality communications high government officials advise president uman experience teaches expect public dissemination remarks may well temper candor concern appearances interests detriment decisionmaking process indeed opinion noted government confidentiality concern time constitutional convention meetings conducted private farrand records federal convention pp records sealed years convention see stat res see generally warren making constitution district found hoover library restrictions presidential papers although restrictions exist respect personal private materials roosevelt library less materials restricted evidence record percentage materials currently restriction truman eisenhower libraries kennedy library materials processed processed materials donor distinguished restriction johnson library review nonclassified materials virtually complete nonsecurity classified materials unrestricted presidential libraries provision made removal restrictions passage time aside public access eventually provided act mandates two access routes materials first access available accordance lawful process served upon administrator noted see supra appellant advised prior access materials thereafter free review specific materials issue see cfr order determine whether assert rights privileges defenses section expressly conditions ultimate access way lawful process upon right appellant invoke rights defenses privileges second act agency department executive branch federal government shall times access tape recordings materials lawful government use district eschewed broad reading section permitting wholesale access executive official conceivable executive purpose instead construed light congress presumed intent act operate within constitutional bounds intent manifested throughout statute see district thus interpreted particular phrase lawful use requiring appellant notified requested access executive official see supra allowed assert constitutional right privilege view bar access see agree interpretation exhaustive survey legislative history district concluded public interests served act merged rubric preservation accurate complete historical record pp cong rec remarks abzug see also act presidents past apply presidential libraries predecessors permission examine records past governmental actions relating current governmental problems see although appears requests granted congress legitimately conclude situation unstable ripe change clear face act making materials available ongoing conduct presidential policy least one objectives act see pp pp hearing gsa regulations implementing presidential recordings materials preservation act senate committee government operations cong rec remarks nelson remarks ervin remarks huddleston remarks ribicoff remarks muskie remarks nelson remarks brademas see also act several objectives legislature see pp pp cong rec remarks nelson remarks brademas remarks mckinney see also act insofar appellant argues privacy claim based upon first amendment see part vi infra joining part opinion justice stewart adheres views privacy expressed concurring opinion whalen roe district surveyed evidence record respecting depository restrictions presidents since president hoover unclear whether president hoover actually excluded personal private materials scope gift although offer deposit materials presidential library reserved right president franklin roosevelt also indicated intention select certain materials papers retained family death function performed designated individuals secretary record unclear many materials removed number personal documents deemed personal family correspondence turned roosevelt family library later returned official library loan family since unclear extent materials reviewed library personnel president truman withheld deposit personal file maintained white house personal secretary file deposited library upon death although terms excluded small number items determined executors pertain personal business affairs truman family president eisenhower offer deposit presidential materials excluded materials determined representative personal private president kennedy materials deposited gsa include certain materials relating private affairs recordings meetings involving president kennedy although physically stored kennedy library yet turned library reviewed government archivists president johnson offer deposit materials excluded items determined special private interest pertaining personal family affairs even prior presidents declined assert privacy interests materials failure necessarily bind appellant privacy interests solely dependent constitutional protection upon established practice governmental toleration agree district fourth amendment warrant requirement involved materials still appellant possession administrator yet attempted act authority take custody see brief federal appellees moreover solicitor general conceded oral argument certain purely private materials returned appellant identified tr oral arg district enjoined government processing disclosing inspecting transferring otherwise disposing materials might fall within coverage act district stay longer effect government promptly disclaim interest materials conceded appellant purely private communications deliver solicitor general implied oral argument requirement guidelines directing administrator consider need return appellant sole custody use materials watergate related otherwise general historical significance qualified requirement regulations promulgated administrator take account need protect appellant rights defenses privileges tr oral arg appellant argues screening act contrasts screening procedures followed earlier presidents donating materials presidential libraries able participate selection persons review materials classification purposes brief appellant unable say record substantiates assertion record complete respect president johnson appears recommended individual later selected director johnson library seems played role selection archivists actually performing processing moreover agree district difficult see professional archivists performing screening task proper standards meaningfully affected performance duties loyalty individuals institutions ibid appellant argues unlike electronic surveillance success depends upon subject ignorance existence appellant allowed separate personal official materials congress enacted act part displace agreement expressly provided automatic destruction tape recordings event appellant death allowed appellant complete discretion destruction materials initial storage period moreover appellant view constitutes official distinguished personal private materials might differ view congress executive branch reviewing may use disinterested archivists lead application uniform standards separating private nonprivate communications act provides judicial review determinations case appellant determinations district found agree irrelevant title iii unlike act requires adherence detailed warrant requirement requirement inapplicable act since deal standards governing generalized right search law enforcement officials government personnel particularized legislative judgment supplemented judicial review similar condemnation power eminent domain certain materials value public fact overwhelming majority materials relevant congress lawful objectives contrast experience omnibus crime control act recent report surveillance conducted omnibus act indicates calendar year wire intercepts authorized judicial order yielded nonincriminating communications administrative office courts report applications orders authorizing approving interception wire oral communications xii table throughout litigation appellant claimed privacy necessarily unconstitutionally invaded screening requires staff one hundred archivists accompanied lawyers technicians secretaries right review five years man life tr oral arg size staff course necessarily function enormous quantity materials involved clearly engaged screening examine document administrator initially proposed one archivist examine documents see appellant argues shuttlesworth birmingham cox louisiana staub baxley thomas collins lovell griffin support contention statute vests broad authority respect first amendment rights unconstitutional face party subjected may treat nullity even actual implementation harm brief appellant argument without merit cases involved regulations permitted public officials arbitrary discretion impose prior restraints expressional associational activities contrast act concerned materials record past activities screening process guided longstanding archival screening standards article applicable congress provides bill attainder ex post facto law shall passed art applicable provides state shall pass bill attainder ex post facto law linking bills attainder ex post facto laws explained fact legislative denunciation condemnation individual often acted impose retroactive punishment see chafee three human rights constitution pp case example appellant faults act taking custody papers presidents brief appellant even congressional definition class consisting presidents vulnerable claim overly specific since definition might generally include members executive branch members government possession presidential papers possession government papers dispose appellant contention act focuses upon requisite degree specificity bill attainder see infra demonstrates simple reference breadth act focus determinative reach bill attainder clause limitation upon legislative action disadvantages person group see brown white dissenting infra fact harm inflicted governmental authority make punishment figuratively speaking discomforting action may deemed punishment deprives otherwise enjoyed may reasons punitive deprivation observe appellant originally argued similar reasons act violates bill attainder clause equal protection laws jurisdictional statement since abandoned reliance upon equal protection argument apparently recognizing mere underinclusiveness fatal validity law equal protection component fifth amendment new orleans dukes katzenbach morgan even law disadvantages individual identifiable members group see williamson lee optical opticians daniel family ins insurance agents similar reasons mere specificity law call play bill attainder clause cf comment bill attainder doctrine need clarification rev see comment bounds legislative specification suggested approach bill attainder clause yale brown recognized making clear laws inevitably prohibit conduct part designated individuals classes individuals contravene bill attainder guarantee brown specifically noted validity banking act disqualified identifiable members group officers employees underwriting organizations serving officers federal reserve banks valid federal statutes also single identifiable members groups bear burdens disqualifications collected white dissenting see also regional rail reorganization act cases upholding transfer rail properties eight railroad companies corporation see example attainder james duke monmouth high treason whereas james duke monmouth hostile manner invaded kingdom open rebellion levying war king contrary duty allegiance enacted king excellent majesty advice consent lords spiritual temporal commons parliament assembled authority said james duke monmouth stand convicted attainted high treason suffer pains death incur forfeitures traitor convicted attainted high treason jac emphasis omitted attainder death usually accompanied forfeiture condemned person property king corruption blood whereby heirs denied right inherit estate blackstone traced practice corruption blood norman conquest considered practice oppressive mark feudal tenure hoped may process time abolished act parliament blackstone commentaries framers constitution responded recommendation art iii see act continuing imprisonment counter others late horrid conspiracy assassinate person sacred majesty see cooper telfair dall every persons named included said act declaring persons guilty treason banished said state georgia wooddeson systematical view laws england banishment lord clarendon bishop atterbury see kennedy following revolutionary war often seized property alleged tory sympathizers see james claim dall john parrock attained high treason estate seized advertised sale respublica gordon dall attainted treason adhering king great britain consequence estate confiscated use commonwealth fact remains unsettled whether materials question property appellant government see supra determining whether punitive nonpunitive objectives underlie law brown established punishment restricted purely retribution past events may include inflicting deprivations blameworthy tainted individual order prevent future misconduct view consistent traditional purposes criminal punishment also include preventive aspect see packer limits criminal sanction brown element punishment found fact purpose statute us purge governing boards labor unions congress regards guilty subversive acts associations therefore unfit fill union positions thus brown left undisturbed requirement one complains attainted must establish legislature action constituted punishment merely legitimate regulation conduct indeed three terms later like brown also written chief justice warren reconfirmed need examine purposes served purported bill attainder determining whether fact represents punitive law senate pointed objectives nullifying agreement begin prosecutors defendants courts probably deprived crucial evidence bearing defendants innocence guilt watergate crimes stand accused moreover american people denied full access facts watergate affair efforts congress executive branch others take measures prevent recurrence watergate affair may inhibited cases upheld exercises power eminent domain preserving historical monuments like facilities public use power eminent domain however restricted tangible property realty extends intangibles personal effects involved see cincinnati louisville nashville porter particularly troublesome provision agreement requiring automatic destruction tape recordings upon appellant death condemning enactment bill attainder senator hruska argued bill seizes appellant papers distributes litigants without affording appellant opportunity judicially assert defense privilege production papers cong rec fact act expressly recognizes appellant right present defenses privileges expedited judicial proceeding see infra brown referred alexander hamilton concern legislatures might cater momentary passions free people times heat violence case obvious supporters act steadfastly avoided inflaming appealing passions community indeed rather seek expediently impose punishment circumvent courts congress expressly provided access judiciary resolution constitutional legal rights appellant might assert pp regulations guaranteeing appellant unrestricted access materials promulgated administrator challenged see cfr brief legislative history act offers paradigm congress aware constitutional constraints power carefully seeking act within limitations see generally brest conscientious legislator guide constitutional interpretation stan rev example deposition taken case appellant refused answer questions pertaining accuracy reliability prior public statements president concerning contents tape recordings materials issue invoked claim privilege asserted questions irrelevant judicial inquiry see app justice stevens concurring statute apply presidents former presidents singles one name special treatment unlike former presidents history denied custody presidential papers subjected burden prolonged litigation administration statute private papers conversations scrutinized government archivists statute implicitly condemns unreliable custodian papers legislation subjects named individual humiliating treatment must raise serious questions bill attainder clause bills attainder typically directed powerful leaders government special legislative acts parliament deprived one statesman another reputation property potential future leadership motivation bills much political punitive often victims relentless attacking political enemies height power light history legislation like us must scrutinized great care cases stand proposition legislative acts matter form apply either named individuals easily ascertainable members group way inflict punishment without judicial trial bills attainder prohibited constitution lovett concept punishment involves character deprivation also manner deprivation imposed held permissible congress deprive communist deportees group social security benefits flemming nestor surely bill attainder congress deprive single named individual benefit cf specificity statute mark punishment rarely valid reason narrow legislation normally constitution requires congress proceed general rulemaking rather deciding individual cases brown like however persuaded appellant constituted legitimate class one ante opinion leaves unmentioned two facts consider decisive regard appellant resigned office unique circumstances accepted pardon offenses committed office placed different class presidents cf orloff willoughby even though unmentioned unrealistic assume historic facts consequence affect legislative decision since facts provide legitimate justification specificity statute also avoid conclusion otherwise nonpunitive statute made punitive specificity consider appropriate take judicial notice facts unwilling uphold power congress enact special legislation directed one former president time popularity nadir even deals presidents former presidents legislative focus upon calling rather person cf cummings missouri wall short view case precedent future legislation relates office president one occupants without imputing similar reservation join opinion qualification unmentioned facts critical influence vote affirm debate impeachment earl danby earl carnarvon recounted history lords understand little latin good deal english little english history learnt mischiefs kind prosecutions ill fate prosecutors shall go farther back latter end queen elizabeth reign time earl essex run sir walter raleigh lordships well know became sir walter raleigh lord bacon ran sir walter raleigh lordships know became lord bacon duke buckingham ran lord bacon lordships know happened duke buckingham sir thomas wentworth afterwards earl strafford ran duke buckingham know became sir harry vane ran earl strafford lordships know became sir harry vane chancellor hyde ran sir harry vane lordships know became chancellor sir thomas osborne earl danby ran chancellor hyde become earl danby lordships best tell let see man dare run earl danby shall soon see become omitted quoted chafee three human rights constitution see burdick cf calder bull dall charles king england beheaded oliver cromwell protector england louis late king france guillotined facts happened nonsense suppose prohibited making law either events reference thereto mr concur judgment except part vii opinion respect bill attainder issue concur result reached part vii statute impose punishment therefore bill attainder see brown white dissenting also append following observations respect one many issues case conceded concerned small portion vast collection presidential materials possession administrator consists purely private materials diaries recordings family conversations private correspondence personal property kind involving actual transaction government business tr oral arg also conceded federal appellees private materials identified must returned nixon declares government without awaiting order promptly disclaim interest materials conceded appellant purely private communications deliver ante agree separation return materials proceed without delay furthermore even act process occur issuance regulations subject congressional approval surely regulations covering narrow subject matter need take long effectuate also suggests private materials returned nixon limited otherwise general historical significance see validity act questionable mere historical significance sufficed withhold purely private letters diaries view provisions act particularly need construed purely private materials whether historical interest delivered nixon federal appellees conceded much oral argument similarly although relies extent statutory recognition constitutional right compensation even determined government confiscated nixon property question whether mere historical interest purely private communications sufficient predicate taking public use historical considerations normally sufficient grounds condemning property gettysburg electric roe kansas whatever may true great bulk materials event declared nixon property doubt government entitled purely private communications merely wants preserve offers compensation question well suppose nixon prepared diary every day put exactly let suppose someone thought purely personal account imagine someone might think nevertheless general historical significance mccree may refer need need protect party opportunity assert legally constitutionally based right privilege prevent otherwise limit access recordings materials submit act affords richard nixon opportunity assert contention diary personal kind general historical significance permit deprivation adjudicated question well mccree ultimately answer question question well agree must construed must construed sooner later return nixon might call purely private papers mccree indeed question imagine diary thinking truman diary reported result dictated every evening day work conceive material general historical interest mccree must concede acquainted historians difficult conceive anything might historical interest laughter question yes archivists historians like journalists mccree indeed question think everything laughter mccree legislation recognizes claim privacy claim privilege must protected regulations insufficient opportunity address particular item diary turned reason suggest attack time premature statute recognizing right privacy facially adequate attack made day became effective brought marvelous opportunity speculate might happen regulations even promulgated acquiesced become effective tr oral arg herzstein private appellees question return personal diaries dictabelts long materials involved transaction government business statute agree drafted little clearly think several points make quite clear personal materials returned one fact statute refers presidential historical materials richard nixon person al private materials second judge mccree mentioned criterion calls return materials read two conjunction legislative history statements floor senate floor house committee reports indicating expectation nixon personal records returned question give us capsule summary difference referred nixon personal records returned matter returned herzstein well yes certainly personal letters among family friends certainly diary made end day event question even though dictabelt paid white house appropriations herzstein right bother us think incidental different view tapes actually recorded transaction government business government employees government time normal tapes heard much dictabelts nixon said personal diary instead writing words dictated end day think question want sure concession certainly historical interest herzstein right feel covered statute acknowledged start question concession shared solicitor general think herzstein believe question mccree fact paper belongs government forth believe makes document government documen certainly agree beyond please question dictabelts representing daily diary mccree think personal matter returned identified question well problem right minute picking giving back nixon mccree know problem whether await adoption regulation stymied nixon lawsuit delayed three years question stymied issuance regulations mr solicitor general mccree one dispositions district stay effectiveness regulations think held principally regulations public access regulations part record speak knowledge posture case essentially justice powell post refrain joining opinion however fall somewhat short sharing view post incumbent president submission made solicitor general act serves rather hinders chief executive art ii functions dispositive issue willing agree significant entitled serious consideration convinced dispositive fact president ford signed act mean necessarily approved every detail political realities often guide president decision veto one must remind oneself nation history reveals number instances presidential transition particularly friendly easy occasion openly hostile hope anticipation obviously others written case act concerned describes ante legitimate class one become model disposition papers president leaves office time successor congress political persuasion agree fully brother powell observes post difficult constitutional questions lie ahead resolution future reserving judgment issues appropriate time certainly join judgment agree much opinion specifically join part vii opinion justice powell concurring part concurring judgment join judgment parts iv opinion substantially reasons stated agree presidential recordings materials preservation act act face violate appellant rights first fourth fifth amendments bill attainder clause reasons quite different stated also hold act consistent face principle separation powers begins analysis issues limiting inquiry constitutional claims addressed facial validity provisions act requiring administrator take recordings materials government custody subject screening government archivists ante agree inquiry must limited manner add two qualifications view restrict reach today decision first title pub act purport generalized provision addressed complex problem disposition accumulated papers presidents federal officers unlike title ii pub public documents act authorizes study problem title addressed specifically narrowly need preserve papers former president nixon resignation threat impeachment legislation properly observes directed legitimate class one ante president nixon resigned august less two weeks earlier house judiciary committee voted recommend impeachment pp including among charges impeachable offenses allegations president obstructed investigation watergate engaged unlawful activities administration one month president nixon resignation september president ford granted general pardon offenses might committed term office day agreement made public agreement provided materials deposited temporarily general services administration california facility gave former president right withdraw direct destruction materials initial period three years case tape recordings five years initial period access limited president nixon persons authorized subject legal process ordering materials produced upon president nixon death tapes destroyed immediately weekly comp pres doc drafted sponsored title congress uniformly viewed provisions emergency legislation necessitated extraordinary events led resignation pardon former president arrangement disposition papers senator nelson example referred bill emergency measure whose principal purpose assure protective custody materials cong rec urgency situation us existing agreement gsa nixon nixon died tomorrow tapes read agreement correctly destroyed immediately also possible nixon papers destroyed catastroph historical standpoint bill really deals emergency situation documents needed courts general public order might know full story known collectively watergate affair essential addressing constitutional issues us lose sight limited justification objectives legislation extraordinary events led resignation pardon agreement providing record events might destroyed president nixon created impetus congressional action may without overstatement termed unique therefore share brother rehnquist foreboding act daily stand veritable sword damocles every succeeding president advisers post study authorized title ii lead general legislation time enough consider validity proper case comes us second reservation follows first congress acted perceived emergency concentrated immediate problem establishing governmental custody purpose safeguarding materials deliberately left rulemaking process subsequent judicial review difficult sensitive task reconciling interests president nixon advisors three branches government american public custody established district observed act terms merely directs gsa take custody materials fall within scope section promulgate regulations taking consideration seven factors listed section factors provide broad latitude administrator establishing processes standards materials reviewed public access afforded supp omitted regulations yet taken effect ante circumstances believe appropriate address appellant constitutional claims district eye toward kind regulations screening practices consistent act yet afford protection important constitutional interests asserted section act directs administrator take account need protect party opportunity assert legally constitutionally based right privilege prevent otherwise limit access recordings materials doubt procedural safeguards substantive restrictions within authority administrator adopt broad mandate positive assurance protections fact afforded nonetheless may assume reviewing facial validity act constitutional legal rights given full protection indeed assumption basis join today judgment upholding facial validity act makes clear opinion act plainly requires administrator designing regulations consider need protect constitutional rights appellant individuals infringement processing ultimately public access materials retained ante ii agree act held unconstitutional face violation principle separation powers presidential privilege derives principle case legislative branch exceeded enumerated powers assuming function reserved executive art ii buckley valeo myers question governmental power case whether act mandating seizure eventual public access papers nixon presidency impermissibly interferes president power carry art ii obligations concluding act facially invalid ground consider dispositive circumstances case incumbent president represented solicitor general act serves rather hinders art ii functions chief executive begin asking whether putting one side limiting provisions constitution congress acted beyond scope enumerated powers cf reid covert harlan concurring apart legislative concerns mentioned ante believe congress unquestionably acted within ambit broad authority investigate inform public ultimately legislate suspected corruption abuse power executive branch recognized inherent power congress pass appropriate legislation preserve departments institutions general government impairment destruction whether threatened force corruption burroughs congress power example restrict political activities civil servants csc letter carriers punish bribery conflicts interest burton punish obstructions lawful governmental functions haas henkel important exceptions make executive documents available public epa mink also recognized aid legislation congress broad power inquire publicize corruption maladministration inefficiency agencies government watkins see also buckley valeo supra eastland servicemen fund legislation us rationally serves investigative informative powers congress legitimately conclude agreement following recommendation impeachment resignation president nixon might lead destruction former president papers likely assure public understanding unprecedented events led premature termination nixon administration congress similarly conclude preservation papers important eventual understanding whether administration characterized deficiencies susceptible legislative correction providing retention materials administrator selection appropriate materials eventual disclosure public rational means serving legitimate congressional objectives congress still might said exceeded enumerated powers however act viewed assumption legislative branch functions reserved exclusively executive art ii youngstown sheet tube sawyer example buttressed conclusion president acted beyond power art ii characterizing seizure steel mills exercise legislative function reserved exclusively congress art last term reaffirmed fundamental principle appointment executive officers executive function congress without power vest buckley valeo supra act us presumptively avoids difficulties entrusting task ensuring provisions faithfully executed officer executive branch therefore conclude act held invalid ground congress exceeded affirmative grant power constitution argued congress nonetheless contravened limitations legislative power implicitly imposed creation coequal executive branch art ii said opening operations past administration eventual public scrutiny act impairs ability present future presidents obtain unfettered information candid advice thereby limits executive power contravention art ii principle separation powers see material distinction argument collateral claim act violates presidential privilege confidential communications nixon nixon recognized presumptive yet qualified privilege confidential communications president advisors observing expect public dissemination remarks may well temper candor concern appearances interests detriment decisionmaking process recognized president generalized interest confidentiality constitutionally based extent relates effective discharge president powers held nonetheless generalized assertion privilege must yield demonstrated specified need evidence pending criminal trial appellant understandably relies nixon comparing narrow scope judicial subpoenas considered comprehensive reach act encompassing communications administration appellant argues demonstrated specific need outweigh extraordinary intrusion worked legislation ground result destroy effective discharge president powers appellant urges act held unconstitutional face arguments undoubtedly considerable force think support decision invalidating act face section art ii vests executive power sitting president limits term office four years sole responsibility take care laws faithfully executed art ii previously noted president carter represented solicitor general act consistent effective discharge president powers far constituting breach executive autonomy act appropriate means ensuring executive branch access materials necessary performance duties brief federal appellees say former president lacks standing assert claim presidential privilege agree former president may raise claim whether congressional committee circumstances intervention incumbent president impractical views unknown case assume former president views effective operation executive branch entitled greatest deference uncontroverted believe privilege confidential presidential communications survives change administrations hold circumstances presented incumbent made clear appropriate forum opposition former president claim alone speak executive branch unmindful emphatically province duty judicial department say law marbury madison cranch reiterated nixon deciding whether matter measure committed constitution another branch government delicate exercise constitutional interpretation responsibility ultimate interpreter constitution quoting baker carr iii difficult constitutional questions lie ahead president doubt see interests confidentiality forcefully urged chief justice justice rehnquist dissenting opinions taken account final regulations promulgated incumbent president supported constitutionality act written indication oppose appellant assertions presidential privilege relate rules govern screening process timing disclosure particularly restrictions may placed certain documents recordings emphasize validity assertions presidential privilege properly us time similarly difficult important questions concerning individual rights remain resolved stake rights appellant also individuals whose first fourth fifth amendment interests may implicated disclosure communications legitimate expectation privacy existed agree even councils government individual legitimate expectation privacy personal communications ante also compelled disclosure individual political associations government justified compelling public need met less restrictive way ante today decision limited facial validity act provisions retention screening materials discussion interests served provisions foreclose way search must yet undertaken means assuring eventual access important historical records without infringing individual rights protected first fourth fifth amendments although agree much parts iv unable join parts opinion uncertainty reach extended discussion competing constitutional interests implicated act way illustration district observed following archival practices might adopted limit invasion appellant constitutionally protected interests practice requiring archivists make minimal intrusion necessary classify material identification signature file within material found general nature diaries dictabelts serving function cursory glance contents means significantly limit infringement plaintiff interests without undermining effectiveness screening governmental personnel participation nixon preliminary identification material might processed without review facilitate procedure practice giving nixon voice designation personnel review materials perhaps selecting body archivists approved government practice giving nixon notice proposed classifications materials opportunity obtain administrative judicial review constitutional grounds effectuated footnotes omitted district noted existence basic set access restrictions first formulated herbert hoover followed presidents eisenhower kennedy johnson scheme following materials restricted materials materials whose disclosure prejudicial foreign affairs materials containing statements made president confidence materials relating president family personal business affairs affairs individuals corresponding president materials containing statements individuals might used embarrass harass members families materials president representative might designate appropriate restriction president franklin roosevelt imposed restrictions similar numbers addition restricted investigative reports individuals applications recommendations positions documents containing derogatory remarks individual president truman restrictions like hoover eisenhower kennedy johnson except made provision like number restriction merely instance citations omitted validity provision possible disapproval administrator regulations either house congress us time see brief federal appellees least risk political even personal antagonisms motivate congress president join legislative seizure public exposure former president papers without due regard implications action art ii functions chief executive even legislation violate principle separation powers might well infringe individual liberties protected bill attainder clause bill rights case us passing legislation congress acted legitimate objectives circumstances wholly unique history country legislation approved president ford personally chosen president nixon successor also supported president carter view circumstances leading passage protection provides constitutionally based right privilege supra act face violate personal constitutional rights asserted appellant cf youngstown sheet tube sawyer jackson concurring president acts pursuant express implied authorization congress authority maximum includes possesses right plus congress delegate circumstances may said may worth personify federal sovereignty act held unconstitutional circumstances usually means federal government undivided whole lacks power omitted see also williams suffolk insurance pet ha laid rule action political branches government matter belongs conclusive mr view holding grave repudiation nearly years judicial precedent historical practice repudiation arises act congress passed aftermath great national crisis culminated resignation president act title pub violates firmly established constitutional principles several respects find disturbing fundamental principles constitutional law subordinated seem needs particular situation moments great national distress give rise passions reminds us three branches government created separate coequal intended check turn possible excesses one others however joined congress haste something invaded historic fundamental principles separate powers coequal branches government punish one person congress tears fabric constitutional framework case calling upon principles separation powers rights privacy prohibitions bills attainder whether urged former president citizen inevitably major constitutional holding justice holmes speaking tendency reat cases like hard cases make bad law went observe dangers inherent accident immediate overwhelming interest appeals feelings distorts judgment immediate interests exercise kind hydraulic pressure makes previously clear seem doubtful even well settled principles law bend northern securities dissenting opinion separation powers threshold matter first establish standard constitutional review title judged usual case course legislation challenged benefits presumption constitutionality survive judicial scrutiny statutory enactment need reasonable relationship promotion objective constitution independently forbid unless legislation trenches fundamental constitutional rights challenged legislation implicates fundamental constitutional guarantees far demanding scrutiny required example held presumption constitutionality apply equal force legitimacy composition representative institutions stake reynolds sims similarly presumption constitutionality lessened reviews legislation endangering fundamental constitutional rights freedom speech denying persons governmental rights benefits race legislation touching substantially areas comes bearing heavy burden proponents must carry long ago found ordinary presumption constitutionality inappropriate measuring legislation directly impinging basic tripartite structure government kilbourn thompson justice miller observed encroachments congress posed greatest threat continued independence branches accordingly cautioned exercise power one branch directly affecting potential independence another watched vigilance called question tribunal receive careful scrutiny ibid emphasis supplied see also buckley valeo role reviewing legislation touches fundamental structure government therefore akin obtains reviewing legislation touching fundamental constitutional guarantees separation powers base framework governmental system means liberties depend title upheld necessary secure overriding governmental objective reasonable alternative trench less heavily principles separation powers sense formalism characteristic distinguished system others conceived time constitution federalism separation powers one two great structural principles american constitutional system corwin president see also griswold connecticut harlan concurring judgment pursuit principle executive power vested president offices executive branch presidency vice presidency mandated constitution two executive branch offices therefore creatures constitution departments agencies state department general services administration creatures congress owe existence legislative branch presidency contrast stands different footing unlike vast array departments president oversees presidency sense creature legislature president powers originate statute constitutional command take care laws faithfully executed independent constitutional origins presidency important bearing determining appropriate extent congressional power chief executive records workpapers although branches government obviously divided watertight compartments springer philippine islands holmes dissenting office presidency constitutional equal congress must general proposition free congress coercive powers simply abstract proposition political philosophy fundamental prohibition plainly established decisions unanimous including chief justice taft justice holmes justice brandeis stated general rule neither department government may control direct restrain action massachusetts mellon ach department kept completely independent others independent sense shall cooperate common end carrying effect purposes constitution sense acts shall never controlled subjected directly indirectly coercive influence either departments fundamental necessity maintaining three general departments government entirely free control coercive influence direct indirect either others often stressed hardly open serious question much implied fact separation powers emphasis supplied admit right house representatives demand matter course papers respecting negotiation foreign power establish dangerous precedent messages papers presidents richardson part constitutional fabric beginning president freedom control coercion congress including attempts procure documents though clearly pertaining matters important governmental interests belong pertain president freedom congress coercive influence words humphrey executor implied fact separation powers moreover constitutionally significant congress directed papers turned examination retention rather gsa separation powers fully implicated simply congress mandating disposition made papers another branch independence three branches government including control papers lies heart broad holdings concerning immunity congressional papers outside scrutiny constitution course expressly grants immunity members congress speech debate either house yet refused confine clause literally words spoken debate powell mccormack congressional papers including congressional reports held protected clause order prevent intimidation legislators executive accountability possibly hostile judiciary ibid word preserve constitutionally rooted independence branch government branch must able control papers title unprecedented departure constitutional tradition noncompulsion statute commands head legislatively created department take maintain custody appellant presidential papers including many purely personal papers wholly unrelated operations government title concern way materials belonging departments executive branch created controlled congress brushes aside fundamental principle noncompulsion abandoning outright careful previously unchallenged holdings mellon humphrey executor place firmly established doctrine substitutes without analysis pragmatic flexible approach ante recasting immediate purposes case narrow holding nixon see infra distills principles simplistic rule requires potential disruption unduly disruptive intrusion measure held trench presidential powers approach patently ignores buckley valeo one year ago unanimously found violation without allegation much less showing undue disruption held congress impinge even modest extent six appointments federal election commission appointing powers president reached conclusion face fact president ford signed bill law even taking undue disruption test postulated engages facile analysis justice rehnquist well demonstrates told view undue disruption arises gsa officials taken custody appellant presidential papers since time gsa executive branch officials access ante analysis superficial extreme principles less eroded simply congress goes minuet directing executive department employees rather secretary senate doorkeeper house possess control presidential papers whether violation principles depends identity custodians upon branch commanded custodians act congress given command principles easily evaded constitutional separation sham congress power regulate executive department documents contrasted presidential papers measures freedom information act ed supp bear question one challenges congress power provide access records executive departments congress created freedom information act privacy act similar measures never contemplated mandatory production presidential papers instructive contrast nonmandatory noncoercive manner congress previously legislated respect presidential papers providing presidential libraries option every former president title however breaches nonmandatory tradition long vital incident separation powers statute therefore violates principles exercises coercive influence another branch presidency legislation also invalid another ground pertaining separation powers attempt congress exercise powers vested exclusively president power control files records papers office comparable internal workpapers members house senate general principle aspect separation powers stated kilbourn thompson ach branch shall law creation limited exercise powers appropriate department general rule powers confided constitution one departments exercised another reason convention passed ordinance government laid foundation basis legislative executive judiciary departments separate distinct person exercise powers one time federalist cooke ed quoting jefferson constitution speak presidential papers speak workpapers members congress judges room doubt implied prerogative president members congress judges memorialize matters establish filing systems provide unilaterally disposition workpapers control presidential papers obviously natural necessary incident broad discretion vested president order discharge duties sure recognized narrowly limited exception presidential control presidential papers nixon case permits compulsory judicial intrusions vital constitutional function conduct criminal proceedings impaired president makes generalized claim public interest maintaining complete control papers preserving confidentiality case short essentially conflict judicial branch president effective functioning branches demanded accommodation prosecutorial judicial demands upon president narrowly restricted great specificity limited number conversations moreover request production limited materials might contain evidence criminal activity persons investigation indictment finally intrusion carefully limited camera examination strict limits single district judge case stand proposition judiciary liberty order papers president custody marshals nixon therefore provides authority congress mandatory regulation presidential papers simply promote general welfare course generalized purpose showing made congress functions impaired former president allowed control presidential papers without threat whatever functions congress statute buckley valeo exercised authority entrusted executive branch finally view act violates principles separation powers intruding confidentiality presidential communications protected constitutionally based doctrine presidential privilege unanimous nixon clearer holding privilege guaranteeing confidentiality communications derives constitution subject compelled disclosure narrowly limited circumstances president assist must free explore alternatives process shaping policies making decisions way many unwilling express except privately considerations justifying presumptive privilege presidential communications privilege fundamental operation government inextricably rooted separation powers constitution constitutionally based prerogative presidential privilege inures president personal sense privilege compelled presidential privilege therefore largely illusory unless interposed president countless thousands persons executive branch certainly executive officials acting statute contemplates command different branch government statute requires persons designated approved former president review presidential papers even government agents culling materials follow advisory suggestions offered district fact remains function abrogates presidential privilege congress essence commanded review catalog thousands papers recordings undoubtedly privileged given fact clear presidential privilege one occupant office rendered nullity remains another inquiry issue separation powers fact act applies former president described legitimate class one ante left office justify otherwise unconstitutional applicable incumbent president face congressional regulation papers former president obviously less disruptive impact operations incumbent president effort regulation control papers incumbent president remoteness eliminate defects first principle president must free coercion apply former president long congress inquiring acting respect operations government former president office extent congress empowered coerce former president every future president risk denial large measure autonomy independence contemplated constitution confidentiality attending myers indeed president autonomy office needs assurance congress immediately free coerce open files records give account presidential actions instant successor sworn absent validity expectation privacy papers save subpoena nixon future presidents consult well advised take account possibility confidential correspondence workpapers diaries may well open congressionally mandated review time limit political issue give rise interbranch conflict need confidentiality expectation president confidentiality conversations correspondence like claim confidentiality judicial deliberations example values accord deference privacy citizens added values necessity protection public interest candid objective even blunt harsh opinions presidential decisionmaking third pointed justice blackmun ante political realities often guide president decision veto indeed decision challenge actions congress see infra finally perhaps inappropriate note occasion presidents disagree predecessors issues policy believed congressional government others adhered expansive notions presidential power respectfully submit unique idea accept controlling representations administration constitutional question going permanent structure government title also objectionable grounds despite applicability former president compelling disposition former president papers legislative exercise historically regarded executive powers presidential papers instantly lose nature quadrennially high noon january moreover title congress incumbent president decided papers one entire administration finally federal appellees concede presidential privilege vital incident system terminate instantly upon president departure office candidly acknowledge privilege survives individual president tenure brief federal appellees vital public interests underlying privilege principle parties concede finds explicit support history former president truman refused provide information congress matters occurring administration advising congress must obvious doctrine separation powers independence presidency validity must equally applicable president term office expired sought examined respect acts occurring president cong rec emphasis supplied correctly concedes former president retains presidential privilege leaving office ante concludes several considerations cut recognition privilege one former president first places great emphasis fact neither president ford president carter supports appellant claim ante relevance fact immediately clear validity one person constitutional privilege depend whether holder privilege supports claim fact incumbent president signed supports particular measure defeat former president claim privilege correct today wrong one year ago buckley valeo unanimously held presidential approval federal election campaign act validate unconstitutional invasion presidential appointing authority second suggests many papers unprivileged great volume pages appellant estimated saw items president several points relevant regard know many pages items represent critical factor papers presumptively privileged regardless number pages fact remains items president personally reviewed prepared office obviously greater historical value mass routine papers coming white house mountains government reports tucked away presidential files likely engage interest archivists historians since reports historically important event available elsewhere rather archivists historians want find preserve materials reflect president internal decisionmaking processes precisely papers subjected intensive review always afforded absolute protection analytically void invocation sheer numbers mask fact targets review privileged papers diaries conversations agree nixon presidential privilege qualified premise however leaps conclusion future regulations governing public access materials sufficient protect qualified privilege act indeed provide number safeguards public large obtains access materials see ways opinion expressly recognizes public access issue constitutionality statute rest presumed validity regulations yet issued moreover regulations governing public access remedy statute basic flaw permitting congress seize confidential papers president concluding title face violates principle separation powers address issue whether circumstances might justify legislation disposition presidential papers without president consent nothing remotely like particularized need found nixon shown respect presidential papers one suggested congress find core functioning impaired lack impounded papers expressly found judicial function impaired lack material subpoenaed nixon leave another day question whether exigent circumstances narrowly defined congressional demand presidential materials might justified title fails satisfy either required narrowness demanded nixon requirement coequal powers presidency injured congressional legislation ii privacy district deeply troubled admittedly unprecedented intrusion opinion candidly acknowledged claim troublesome point raised unique statute addition communications memoranda reflecting president confidential deliberations district admitted materials subject gsa review included highly personal communications among papers tape recordings falling within act however papers materials containing extremely private communications nixon among others wife daughters physician lawyer clergyman close friends well personal diary dictabelts wife personal files segregating private private requires rather comprehensive screening archivists entrusted duty required read listen private communications supp dc given admitted intrusion legislation us must subjected searching kind judicial scrutiny statutes trench fundamental liberties like affecting significantly structure government entitled presumption constitutionality normally accord legislation moore east cleveland burden justification reversed burden rests upon government individual whose liberties affected justify measure abood detroit board education powell concurring judgment recently reaffirmed standard review cases one exacting scrutiny long recognized significant encroachments first amendment rights sort compelled disclosure imposes justified mere showing legitimate governmental interest required subordinating interests state must survive exacting scrutiny buckley valeo constitutional analysis must course take fully account nature government interests underlying challenged legislation interests identified must focus nature individual interests affected statute finally must decide whether government interests sufficient weight subordinate individual interests whether government nonetheless employed unnecessarily broad means achieving purposes lamont postmaster general brennan concurring two governmental interests asserted justification statute ensure general efficiency executive branch operations preserve historically significant papers tape recordings posterity purposes legitimate important yet serious suggestion congress operations executive branch actually impaired unless contrary nearly years past practice presidential papers one named incumbent required law impounded sole control government agents statute face moreover purport address particularized need need secure presidential papers concerning middle east salt talks problems panama indeed congressionally perceived need far generalized need rejected nixon unanimous interest preserving historical materials nothing whatever national experience suggest existing mechanisms presidential libraries act insufficient achieve purpose event interest preserving historical materials justify seizing without notice hearing private papers preliminary examination government agents contrast congress purposes underlying statute act intrudes significantly two areas traditional privacy interests presidents one embraces presidential papers relating decisions development policies appointments communications role leader political party encompasses purely private matters family property investments diaries intimate conversations interests highest order perhaps primacy family papers cf moore east cleveland supra title thus touches directly justice powell referred intimate areas individual personal affairs california bankers assn shultz concurring opinion papers areas family political decisionmaking private nature enjoying highest status law justice brennan recently put way personal letters constitute integral aspect person private enclave fisher concurring judgment individual papers said extension person justice marshall made point diaries personal letters record author personal thoughts lie heart sense privacy couch dissenting opinion discussing private papers referred even emphatically deeply held belief part members throughout history certain documents person compelled produce government request fisher supra emphasis supplied concurring judgment echoes lord camden description personal papers man dearest property boyd one point emerges clearly papers involve fundamental first fourth amendment interests since act asserts exclusive government custody papers former president fourth amendment prohibition unreasonable searches seizures surely implicated indeed papers books subject government intrusion cases uniformly hold fourth amendment prohibition general search requires warrants contain descriptions reflecting scrupulous exactitude stanford texas cases proscribe general language warrant statute indiscriminate sweep title commanding seizure followed permanent control materials historical commemorative value evidences indiscriminate sweep long denounced broad broom statute provides virtually standard guide government agents combing papers agents left roam large confidential materials something president member congress judicial branch subjected recognizing government agents necessarily reviewing private kinds communications covering period five years tells us stanford inapposite several reasons given suggests unlike instant case seizure stanford included vast quantities materials unrelated legitimate government objective addition stanford intrusion constituted invasion home connection criminal investigation last consideration relied disposed quickly terms stanford title commands seizure review papers appellant private residences within outside washington purpose among others criminal proceedings brought special prosecutor make materials available broadly use judicial proceedings title needed purpose since narrowly defined subpoena accomplish purposes nixon title effect legislative warrant reminiscent odious general warrants colonial era first consideration quantity test fallacious intrusion stanford unlawful state interest part many items stanford home rather warrant failed describe objects seizure scrupulous exactitude stanford numbers test protection vanishes unprotected materials outnumber protected materials rather test designed ensure protected materials seized title face commands protected materials seized wherever found including private residences mentioned reviewed returned government agents decide certain protected materials lack historical significance act plainly accomplishes exactly stanford expressly forbids addition fourth amendment considerations highly important first amendment interests pervade presidential papers since include expressions privately held views politics diplomacy people walks life within outside country appellant freedom association also implicated since recordings papers likely reveal much relationships individuals organizations naacp alabama said recognized vital relationship freedom associate privacy one associations fact former president important national world political figure obviously diminish traditional privacy interest papers forced disclosure private information even government officials means sanctioned decisions except compelling reasons cf whalen roe think example readily sustain condition holding public office requirement candidate reveal publicly membership every organization whether religious social political decision naacp alabama supra presumably intended protect compelled disclosure members organization actively involved public affairs held public office alabama reliance whalen roe supra rejecting appellant privacy claim surprising case dealt state undoubted police power regulate dispensing dangerous drugs use possession state forbid hence difficulty whatever reaching unanimous holding public interest regulating dangerous drugs outweighed privacy interest reporting state prescriptions reports made confidential statute personal private business political confidences involved short former president essentially expectation privacy respect papers records every person expectation soundly based two factors first constitutional traditions presidential papers years deemed congress belong president congress ratified tradition specific acts congressional appropriations following authorization purchase presidential papers congressional enactment nonmandatory system presidential libraries statutes permitting deduction papers presidents donated nonprofit institutions second absence legislation contrary reason whatever president take time official duties ensure commingling public private papers indeed fact former president commingled presidential private family papers absent laws contrary points strongly conclusion fact expectation privacy respect categories papers basis holdings understand former president privacy interests outweigh generalized undifferentiated goals sought achieved title without carefully defined focus legislative goals represent paramount government interests particular piece legislation needed achieve goals even assume arguendo compelling overriding nature even members strike balance differently government nonetheless failed choose narrowly tailored means carrying purposes unnecessarily invade important first fourth amendment liberties demanded less buckley valeo nothing less cf hynes mayor oradell federal appellees point two factors mitigating effects admitted intrusion first view president papers conversations relate business government rather personal family political matters second said intrusion limited much possible since review carried specially trained government agents even accepting government interest identifying preserving governmentally related papers order preserve historical purposes interest justify seizure search papers taken since compulsory review personal family papers tape recordings admittedly improper invasion privacy constitutional principle justifies intrusion indisputably protected areas order carry generalized statutory objectives second intrusion saved credentials however impeccable government agents initial problem justification one knows whether agents federal appellees contend uniformly discreet despite lip service paid district appellees record archivists generally nothing us justify conclusion persons apparently access monitor examine materials indeed reliably discreet act furthermore provides gsa meaningful standards minimize extent intrusions upon appellant privacy thus faced precisely standardless discretion vested governmental officials unhesitatingly struck first amendment areas see hynes mayor oradell supra absence meaningful statutory standards might help secure privacy interests stake question whether assume matter law government agents able formulate constitutionally valid standards review examining segregating cataloging papers former president possibility title passed appellant perhaps use government specialists help classify catalog papers eliminate objections intrusion appellant like recent predecessors permitted deposit papers presidential library government archivists working directly appellant guidance direction solely congress gsa congress established standards preservation ensure privacy protected similarly able participate personally reviewing process thus assure governmental review purely personal papers minimized entirely eliminated congress controlled selection experts access papers finally important intrusion consented eliminating constitutional question possibility consent intrusion law justify nonconsensual invasion actual consent required cf schneckloth bustamonte mere possibility consent drastically different circumstances finally even government agents completely discreet still government officials charged reviewing highly private papers tape recordings unless say police seizure examination private papers justified impeccable record discreet police officer considerable difficulty understanding compulsory review admittedly private papers conceivable governmental interest government agents constitutionally permissible iii bill attainder art cl construed applied since time chief justice marshall title violates bill attainder clause contrast title ii pub public documents act establishes national study commission study questions concerning preservation records federal officials title commands administrator seize tape recordings involv ing former president richard nixon presidential historical materials richard nixon contrast title ii general legislation title special legislation singling one individual target although prohibition bills attainder addressed infrequently settled beyond dispute bill attainder within meaning art means bill attainder common law definition departed concept early history fundamental way common law bill death sentence imposed legislative act anything less death bill attainder rather bill pains penalties restrictive definition recognized tangentially marbury madison cranch soon thereafter rejected conclusively notion legislative death sentence even incarceration imposed named individuals fell within prohibition chief justice marshall firmly settled matter holding legislative punishment form deprivation property prohibited bill attainder clause bill attainder may affect life individual may confiscate property may fletcher peck cranch emphasis supplied classing bills attainder ex post facto laws laws impairing obligation contracts together general intent becomes apparent general provision arbitrary tyrannical legislation existing rights whether person property emphasis supplied chief justice warren pointed constitution prohibiting bills attainder envision narrow technical therefore soon outmoded prohibition brown contrary evil legislatively imposed deprivation existing rights including property rights directed named individuals justice black lovett stated cases stand proposition legislative acts matter form apply either named individuals easily ascertainable members group way inflict punishment without judicial trial bills attainder prohibited constitution emphasis supplied cases therefore bills attainder require two elements first specific designation persons groups subjects legislation second arbitrary deprivation including deprivation property rights without notice trial hearing one disputes title suffers first infirmity since applies one former president issue remains whether legislatively mandated deprivation existing right since george washington presidency constitutional tradition without single exception treated presidential papers president personal property view congressionally judicially ratified ownership presidential papers folsom marsh cas cc mass story sitting circuit justice practice justices ownership judicial papers congress consistently legislated assumption noted earlier appropriation legislation enacted various occasions providing congress purchase presidential papers see hearing special subcommittee house committee government operations res hearings led congress establish nonmandatory system presidential libraries explicitly recognizing presidential papers personal property chief executive floor debate measure congressman john moss supporter legislation stated finally remembered presidential papers belong president cong rec indeed testimony pertaining proposed legislation archivist confirmed papers presidents always considered personal property incumbency afterward sanction law custom never authoritatively challenged hearing res supra matter ordinary practice president removed papers white house end term keeping tradition fact papers personal property retiring presidents emphasis supplied conclude materials property former president nixon reverse apparently almost unvaried understanding three branches government since beginning republic call question practices presidents since earliest times op atty pp even starkly title deprives one former president right vested statute former presidents act right presidential library facility choosing deposit presidential papers unilaterally selects title purport repeal presidential libraries act statute remains effect available present future presidents already availed former president ford operative effect title therefore exclude name one former president deprive predecessors successor already allowed invokes justice black said lovett constitutionally done wrote constitution well knew danger inherent special legislative acts take away life liberty property particular named persons legislature thinks guilty conduct deserves punishment intended safeguard people country punishment without trial duly constituted courts emphasis supplied need inquire motives congress imposing deprivation one named person cases plainly hold retribution vindictiveness requisite elements bill attainder appears overlook chief justice warren brown supra concluded retributive motives part congress irrelevant analysis contrary said flatly archaic limit definition punishment retribution indeed expressly noted bills attainder historically enacted regulatory preventive purposes historical considerations means compel restriction bill attainder ban instances retribution number english bills attainder enacted preventive purposes legislature made judgment undoubtedly based largely past acts associations given person group likely cause trouble therefore inflicted deprivations upon person group order keep bringing feared event concurring opinions make explicit implicit throughout opinion title unconstitutional principles applied president holding rests appellant legitimate class one ante holding precedent ante nothing cases supports analysis justice stevens ibid view appellant resignation subsequent acceptance pardon set apart legitimate class one two events upon relies however beside point correct analysis bill attainder clause focuses solely upon nature measure adopted congress upon actions target legislation even approach analytically sound two events singled relevant two possible theories first appellant culpably deserving punishment virtue resignation pardon second appellant actions unique justify legislation confiscating presidential materials president first point disposed quickly since bill attainder clause course intended prevent legislatively imposed deprivations rights upon persons legislature thought culpably deserving punishment remaining question whether appellant uniqueness permits individualized legislation sort passed point congress powerless act exigencies arising immediate aftermath particular administration rather point congress punish particular individual account uniqueness congress declared forfeited appellant retirement pay otherwise entitled instead confiscating presidential materials avoid prohibition say appellant guilty unprecedented actions setting apart predecessors office short appellant uniqueness justify serious deprivations existing rights including statutory right abrogated title establish presidential library novel arguments advanced several concurring opinions serve emphasize clearly title violates bill attainder clause justice stevens although finding violation clause admirably case demonstrates unconstitutionality title statute apply presidents former presidents singles one name special treatment unlike former presidents history denied custody presidential papers subjected burden prolonged litigation administration statute private papers conversations scrutinized government archivists statute implicitly condemns unreliable custodian papers legislation subjects named individual humiliating treatment must raise serious questions bill attainder clause ante iv immediate consequences holding may discounted ground justified uniqueness circumstances short end justifies means holding really regarded precedent yet reported decisions reflect instances unique situations confronted judicial branch example alleged treason one founding fathers burr cas cc burr may may blameless father cummings lawyer garland common hundreds thousands others may technically guilty carrying rebellion weigh culpability cummings garland lovett brown according full measure protection guaranteed literal language constitution nearly years viewed either class class one legitimate bill attainder clause may three justices intimate concurring opinions today holding confined particular class one may great harm constitutional jurisprudence neither enhance credit terms adherence stare decisis future analysis perspective free hydraulic pressure holmes spoke able render judgment whether today enforced constitution eroded later discuss importance legislation applicability one justice miller expressing earlier opinion madison declared federalist cooke legislative department derives superiority governments circumstances constitutional powers extensive less susceptible precise limits greater facility mask complicated indirect measures encroachments makes departments statutes relating departments agencies created congress frequently phrased mandatory terms example legislation creating general services administration congress provided follows administrator authorized directed coordinate provide efficient purchase lease maintenance equipment federal agencies secretary state shall furnish public printer correct copy every treaty foreign government cf justice white discussion brewster dissenting opinion spoke evil executive control legislative behavior emphasis supplied presidential prerogative limited foreign affairs course secrecy confidentiality may utmost importance see bickel morality consent taft presidency references historical understanding principles omit crucial part history madison statements federalist one department exercising whole power another department purport total treatment subject federalist two days later central theme madison view equally evident neither department possess directly indirectly overruling influence others administration respective powers federalist cooke ed emphasis supplied aside highly selective discussion framers understanding obscure fact never required order show violation congress usurped whole executive power requirement rejected buckley valeo held congress constitutionally exercise president appointing powers even though statute president power appoint federal election commission members even though president approved statute signed bill law nowhere standard clarified majority opinion left guess whether potential disruption required whether undue disruption whatever may required federal parties filed three briefs buckley main brief styled brief attorney general appellee amicus curiae explicitly stated method appointment four members commission unconstitutional see pp attorney general signed portion brief party see pp executive branch therefore made clear view statute unconstitutional extent reposed appointing powers congress second brief styled brief attorney general federal election commission generally defended act took position concerning method appointing commission see third brief filed commission behalf defended appointment procedures joined attorney general express view president portion executive branch congressional papers see supra despite constitution silence papers legislative branch difficulty holding papers protected control branches see also justice brennan dissenting opinion brewster quotes approvingly kilbourn thompson coffin coffin mass cases written materials legislators deemed protected legislative immunity intrusion seizure discretion exercised seen president washington face congressional demand production workpapers obviously official documents fall entirely different category involved case appellees course view sort intrusion intrabranch confrontation since marshals officials executive branch least long district judge simply ordered marshals take custody review documents without turning course sheer sophistry course nixon pertained setting conflict nothing holding suggests even congress needed presidential documents connection legislative functions constitutional tradition presidential control presidential documents face legislative demands abrogated expressly stated nixon concerned balance confidentiality interest congressional demands information concurring opinion justice powell concludes title addressed essentially emergency situation wake appellant resignation opinion present analysis whether particular legislation legislation necessary achieve end since title commands confiscation materials entire presidential administration title simply drafted meet specific emergency purports address besides omitting discussion justifying need title justice powell opinion relies entirely possibly limiting regulations promulgated future point gsa administrator protect constitutional legal rights ante conclusion course begs precise question us whether act congressionally mandated seizure presidential materials one president violates constitution civil service statutes aside know executive official replace underlings basis patronage system thus matter constitutional law chief executive liberty replace executive branch officials persons political reasons enjoy president trust confidence elrod burns accept argument pressed appellees review rendered harmless fact many documents may protected presidential privilege harmless review justifies manifestly harmful review escapes president truman one objected congress efforts coerce longer office connection matters pertaining administration see infra height impertinence serve legislative subpoena outgoing president departing inauguration successor people rightly offended important constitution congressional resolution designed ensure smooth functioning executive branch requiring former president upon leaving office remain washington order available consultations successor prescribed period time fact president signs bill law thereafter defends without mean course policy embodied legislation president even mean president personally approves measure signing bill law numerous presidents actually expressed disagreement legislation felt constrained variety reasons permit bill become law president franklin roosevelt repudiated lovett rider later struck lovett frankfurter concurring president ford request legislation order assure effective functioning executive branch since definition concern former presidents see distinction congress seeking compel appearance testimony former president alternatively seeking compel production presidential papers former president objection clients asserting privilege foreclosed interposing privilege unless similarly situated client willing support particular claim district concluded discussion privacy challenge follows less candid state find easy dispose nixon privacy claims claim presidential privilege although district expressly concluded former president legitimate expectation presidential materials subject comprehensive review government personnel without consent nonetheless deemed compulsory intrusion permissible given constitutionality federal wiretap statute course permits substantial governmental intrusions privacy individuals analogy imperfect district admitted analysis fails apply exacting scrutiny called decisions present statute fails provide stringent safeguards including warrant mandated title iii omnibus crime control safe streets act indeed district flatly admitted much ibid administrative efficiency obviously highly desirable goal see dixon love mathews eldridge however constrained recall administrative efficiency uniformly regarded overriding importance indeed claims administrative efficiency swiftly dismissed times mere bald assertion richardson wright brennan dissenting numerous opinions held individual interests including right welfare payments clearly outweigh government interests promoting administrative efficiency goldberg kelly opinion brennan justice marshall shapiro thompson stated fundamental rights stake right travel government must demonstrate compelling interest merely rational relationship underlying statute admittedly permissible state objectives initial interest preserving materials judicial purposes diminished substantially since special prosecutor disclaimed interest materials purposes possible criminal investigations conceivably remaining judicial need preserve materials possible use civil litigation private parties admittedly important interests enforcement criminal law recognized nixon longer pressed government particularized need statute suffers greater overbreadth others invalidated time title passed appellant made tentative arrangements university southern california los angeles establishment presidential library terms presidential libraries act app ripened formal agreement event title invalidated appellant historical materials housed facility usc campus terms applicable presidential libraries past presidents refusal afford constitutional protection commercial matters bank records california bankers assn shultz drug prescription records whalen roe serves emphasize importance truly private papers communications personal diary family correspondence private papers lie core first fourth amendment interests fact gsa initially secured possession presidential papers agreement former president change fact agency commanded congress take exclusive custody retain presidential historical materials moreover everyone admits act contemplates careful screening process government agents fact governmental intrusion noncriminal nature course render fourth amendment prohibitions inapplicable see south dakota opperman constitution declares bill attainder ex post facto law shall passed however bill passed person prosecuted must condemn death victims constitution endeavors preserve marbury madison cranch title fails provide procedural due process safeguards either seizure presidential materials provision whatever permitting appellant heard decisionmaking process gsa employees determine statutory standards guide whether particular materials general historical value time restraints placed upon gsa decisionmaking process even though consistently recognized dealing first amendment interests timing governmental decisionmaking crucial freedman maryland marcus search warrant holdings statute separates individual first amendment protected materials must strictly limited within time frame title contrast places limits respect gsa retention custody appellant papers three years already elapsed since seizure papers question justice rehnquist dissenting appellant resigned office presidency nearly three years ago issue limited right congress dispose particular presidential papers case major constitutional significance unfortunately however today decision countenances power future congress seize official papers outgoing president leaves inaugural stand poses real threat ability future presidents receive candid advice give candid instructions result odds previous case law separation powers daily stand veritable sword damocles every succeeding president advisers believing act clear violation constitutional principle separation powers need address issues considered conclusion act violates principle separation powers based upon three fundamental propositions first candid open discourse among president advisers foreign heads state ambassadors members congress others deal white house sensitive basis absolute prerequisite effective discharge duties high office second effect act decision upholding constitutionality undoubtedly restrain necessary free flow information present president future presidents third substantial intrusion upon effective discharge duties president sufficient violate principle separation powers prior cases permit sustaining act balancing intrusion substantial magnitude interests assertedly fostered act respect second point course true act directed solely papers former president nixon although terms act therefore direct application present occupant future occupants office effect upon candid communication future presidents depends long run upon limited nature present act upon precedential effect today decision unless authority congress seize papers appellant limited principled way future presidents advisers wary similar act directed papers pure political hostility dealing privilege albeit qualified one solicitor general concede may asserted privilege relied upon chief executives since time george washington see dissenting opinion chief justice ante unfortunately opinion upholding constitutionality act obscure say least circumstances justify congress seizing papers potpourri reasons advanced act unconstitutional infringement upon principle separation powers weight attached factors left wholly unclear speaks need establish procedures preserve presidential materials allow successor president access papers prior president grant american public historical access rectify present approach entrusting materials expert handling archivists ante justifications equally applicable every future president one cryptic paragraph ante treatment contains suggestion congress might permissibly seize papers outgoing future president unclear scope today opinion cause future presidents advisers uneasy confidentiality communications thereby restraining communications position brothers powell blackmun today opinion result impediment future presidential communications since case unique appellant resigned disgrace presidency events unique history nation justice powell recognizes position quite different ante unfortunately concurring view authority congress limited situation describes change expansive scope opinion serve scant consolation future presidential advisers long opinion represents threat confidential communications concurrences justice powell justice blackmun fear based wishful thinking advance principled justification affirming judgment solely facts surrounding appellant fall office effect decision upon future presidential communications far less serious advance justification require far discourse profitably included opinion fully describe position president occupies respect republic suffice say president made sole repository executive powers powers entrusted well duties imposed upon awesome indeed given vast spectrum decisions confront domestic affairs relationships foreign powers direction military commander chief means overstatement conclude current accurate absolutely candid information essential proper performance office overstatement conclude president must free give frank candid instructions subordinates denied one principal determinants quality information furnished president degree trust placed confide ante cites approvingly following language solicitor general unless give advisers assurance confidentiality president expect receive full frank submission facts opinions upon effective discharge duties depends see brief federal appellees commander going get free unprejudiced opinions subordinates better protect say confidential basis public papers presidents dwight eisenhower comes conversations take place responsible official advisers exchange little mere slips expressing personal opinions confidential basis subject investigation anybody wreck government ibid emphasis added order fully understand impact act upon confidential communications white house must understood act affect merely former president nixon present president future presidents discussed act addresses papers former president nixon today decision upholding constitutionality renders uncertain constitutionality future congressional action directed thus presidential confidants assume correctly records communications president subject appropriation much manner present act seized records confidential communications president nixon advice sought future presidents one unmindful fact result uncertainty engendered today decision confidential communications subject seizure objection leaves inaugural stand january presidential communications undoubtedly impeded recognition substantial probability public disclosure material seized act today decision constitutional blueprint future acts first act face requires government archivists study review presidential papers heretofore accessible specific consent president second act requires public access granted future regulations consistent need provide public access materials general historical significance either provisions sufficient detract markedly candor communications president brushing aside fact archivists empowered review papers concludes archivists discreet ante foundation assumption leaks reviews archivists made presidential papers past done authorization president president opportunity cull sensitive documents strikes extremely naive daresay view shared large number potential confidants future presidents suppose every one archivists might participate similar screening virtue future act remain completely silent respect portions presidential papers extremely newsworthy solicitor general supporting constitutionality act candidly conceded much oral argument question ask question may sound frivolous think hundred people know anything great interest city washington remain secret laughter mccree justice powell heard two people heard tr oral arg addition review archivists presidential papers may seized shown public general historical significance attempts avoid problem wishful expectation regulations regarding public access promulgated narrowly drawn however assumes presidential adviser speak candidly based upon wishful assumption regulations ultimately issued interpreted protect confidences current act two years old binding regulations yet promulgated anyone guess long take ambiguous terms historical significance definitively interpreted whether future administrator yet unknown might issue broader definition thus public access required act least engender substantial uncertainty regarding whether future confidential communications fact remain confidential critical factor confidential material might disclosed since president might choose go public critical factor determination whether disclose wrested act president one speaks confidence president necessarily relies upon president discretion disclose sensitive president similarly relies discretion subordinate instructing thus answer suggest ante expectation confidentiality always limited presidential papers past turned presidential libraries otherwise subsequently disclosed cases ultimate reliance upon discretion president cull sensitive ones disclosure case act decision whether disclose longer resides president communication inevitably restrained justice powell seeks diminish impact act office president virtue fact neither president ford president carter supports appellant claim ante quite true president ford signed act law solicitor general representing president carter supports constitutionality must give due regard fact presidents opposed act must also give due regard unusual political forces contributed making situation unique ante powell concurring justice powell refers stance current executive dispositive ante places great emphasis upon think analysis mistaken current occupant presidency signing law bill passed congress waive claim successor president act violates principle separation powers held myers last term unanimously held buckley valeo persons connection executive branch government may attack constitutionality law signed president ground invaded authority reserved executive branch principle separation powers principle perhaps fundamental constitutional framework may signed away temporary incumbent office designed protect justice powell view incumbent president must join challenge places presidential communications limbo since advisers time communication know successor stance regarding seizure congress predecessor papers since advisers sure president communicating protect confidences communication inhibited justice powell view requiring depend upon successor blinks political historical reality tripartite system government established constitution one occasion bred political hostility merely congress lameduck president latter successor substantiate view one need recall relationship time transfer reins power john adams thomas jefferson james buchanan abraham lincoln herbert hoover franklin roosevelt harry truman dwight eisenhower thus decision invitation hostile congress legislate unpopular lameduck president justice powell position places ultimate disposition challenge legislation hands history shown may hostile incoming president believe constitution countenances result one may ascribe motives congress successor presidents case without nevertheless harboring fear may play part succeeding case shadow today decision casts upon daily operation office president entire term sharply differentiates previous decisions dealt much specific limited intrusions cases focused upon unique aspects operation particular branch government rather upon intrusion present one permeates entire decisionmaking process office president example youngstown sheet tube sawyer steel seizure cases held president executive order seize steel mills order prevent work stoppage congress provided methods dealing eventuality myers supra struck statute attempted restrict president power remove postmasters without congressional approval buckley valeo supra struck congress attempt vest power appoint members federal election commission persons president say cases dealt discrete instances governmental action means disparage importance development constitutional law contrast quite sharply issue involved present case uphold presidential recordings materials preservation act simply sustain invalidate particular instance exercise governmental power congress president much effect significantly hampering president entire term office ability gather necessary information perform countless discrete acts prerogative office art ii constitution thus appears indisputable act significant intrusion operations presidency think severe dampening free communication president may discounted adoption novel balancing test determining whether constitutional agree three branches government need airtight ante separate branches intended operate absolute independence nixon find support constitution cases pronouncement operations office president may severely impeded congress simply congress good reason surely ever case balancing giving weight asserted national interest sustain governmental action steel seizure cases supra challenged presidential executive order recited without contradiction challengers american fighting men fighting men nations nations engaged deadly combat forces aggression korea weapons materials needed armed forces joined us defense free world produced great extent country steel indispensable component substantially weapons materials work stoppage steel industry immediately jeopardize imperil national defense defense joined us resisting aggression add continuing danger soldiers sailors airmen engaged combat field app opinion although legislative actions president quickly overridden act congress vinson dissenting struck executive order violative principle nary mention national interest fostered characterized relatively minimal temporary intrusion upon role congress analysis simple straightforward congress exclusive authority legislate president executive order exercise legislative power impinged upon authority congress therefore unconstitutional see also buckley valeo think executive branch federal government legislative judicial branches well come regret day upheld act congress trenches significantly functioning office president dissent entire substance dissent devoted constitutional principle separation powers issues addresses separately seems facile separating appellant privacy claims separation powers claims two separate wholly unrelated attacks statute concept privacy coat many colors quite differing kinds rights privacy recognized law property may private sense fifth amendment prohibits government seizing without paying compensation dictabelt tape diary may private sense may also private sense fourth amendment prohibit unreasonable seizure even though making seizure government agreed pay fair value diary run afoul eminent domain clause fifth amendment many recognized right privacy first publicized famous warren brandeis article right privacy harv rev privileges executive privilege embodied constitution result separation powers nixon privilege recognized case statutory law jurisdictions protect still different form privacy invocation privileges effect protecting privacy communication made confidentially president client attorney purpose privilege case assure free communication part confidant client respectively ante logical assume tape recordings made presidential offices primarily relate conduct business presidency whatever merits argument may claim based types privacy makes crystal clear act serious intrusion upon type privacy protected principle executive privilege complete separation discussion claim privacy claim thus enables take inconsistent positions different sections opinion position respect appellant individual privacy heightens concern regarding privacy interest served executive privilege attempting minimize act impact upon appellant privacy concludes purely private papers recordings returned appellant act ibid however conclusion raises questions answers return papers appellant conditioned otherwise general historical significance given expansive nature phrase see tr oral arg quite conceivable virtually none papers returned representation empty gesture see also meant purely private papers personal letter president concerning duties president considered private document replete personal communications containing reference affairs state purely private dictabelts president personal recollections dictated diary form end day assumedly private returned see tr oral arg dictabelt dictation also recorded white house taping system tapes retained reviewed hence appellant privacy interest served return dictabelts retention tapes seriously erode presidential communications discussed infra approaching issues compartmentalized fashion obscures fallacy result fully subscribe said respecting separation powers dissent chief justice indeed thoroughly agree observation holding today grave repudiation nearly years judicial precedent historical practice take opportunity write separately subject thinking importance justifies opinion unmindful excesses watergate impetus gave legislation however opinion set forth principled distinction limit constitutionality act president nixon papers absent distinction emotional aspects case make difficult decide dispassionately qualify obligation apply law eye future well concern result particular case us brewer williams stevens concurring indeed nothing logic invalidate act applied incumbent president term office course likely incumbent sign measure sufficiently determined congress pass veto nonetheless view decision offering principled basis distinguishing appellant case future president present future impact functioning office presidency hence validity reasons asserted upholding particular act subject find unnecessary address detail feel bound observe however emphasizing ante fact seized papers lodged general services administration agency created congress housed executive branch government relies upon thin reed indeed control management agency general services administration shared incumbent president virtue authority nominate officials congress virtue authority enact substantive legislation defining functions agency physical placement seized presidential papers agency solve problem principle separation powers infringed act congress presidential communications impeded president longer exclusive control release confidential papers fact act places physical custody hands general services administration rather congressional committee makes little difference far divestiture presidential control concerned brother stevens ante seeks attribute similar uniqueness precedential value case observations directed appellant claim rather claim article ii empowers advice consent senate make treaties appoint numerous high officials federal government receive ambassadors public ministers commission officers article enjoins take care laws faithfully executed authorizes give congress information state union recommend consideration measures shall judge necessary expedient difficult imagine public office whose occupant dependent upon confidentiality advice received confidentiality instructions gave successful execution duties particularly true area foreign affairs international relations stated shown federal power external affairs origin essential character different internal affairs participation exercise power significantly limited vast external realm important complicated delicate manifold problems president alone power speak listen representative nation makes treaties advice consent senate alone negotiates field negotiation senate intrude congress powerless invade marshall said great argument march house representatives president sole organ nation external relations sole representative foreign nations annals senate committee foreign relations early day history february reported senate among things follows president constitutional representative regard foreign nations manages concerns foreign nations must necessarily competent determine upon subjects negotiation may urged greatest prospect success conduct responsible constitution committee consider responsibility surest pledge faithful discharge duty think interference senate direction foreign negotiations calculated diminish responsibility thereby impair best security national safety nature transactions foreign nations moreover requires caution unity design success frequently depends secrecy dispatch senate reports committee foreign relations vol matter original inquiry might plausibly claimed concerns expressed framers constitution debates similar expressions found federalist papers means require conclusion judicial branch ultimate arbiter whether one branch transgressed upon powers constitutionally reserved another plausibly maintained framers thought constitution armed branch sufficient political weapons fend intrusions another violate principle separation powers therefore neither warrant necessity judicial invalidation intrusion way law developed marbury madison cranch established authority hold act congress unconstitutional particular constitutional question decided essentially separation powers issue whether congress empowered constitution expand original jurisdiction conferred upon art iii constitution argument marbury limited cases involving powers judicial branch power intervene dispute relating separation powers two branches rejected myers humphrey executor buckley valeo cases entirely consistent following language nixon performance assigned constitutional duties branch government must initially interpret constitution interpretation powers branch due great respect others president counsel noted reads constitution providing absolute privilege confidentiality presidential communications many decisions however unequivocally reaffirmed holding marbury madison cranch emphatically province duty judicial department say law reasons set forth chief justice ante clear circumstances nixon involving narrow request specified documents connection criminal prosecution provide support use balancing test case seizure broad undifferentiated intrusion daily operations office president