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73-514: Policy is a blueprint of the organizational activities which are repetitive/routine in nature. In contrast, policies to assist in objective decision-making are usually operational in nature and can be objectively tested, e.g. password policy. The term may apply to government, public sector organizations and groups, as well as individuals, Presidential executive orders , corporate privacy policies , and parliamentary rules of order are all examples of policy. Policy differs from rules or law . While

146-455: A federation , delegating their individual sovereignty and many powers to the central government while retaining or reserving other limited powers. As a result, two or more levels of government exist within an established geographic territory. The body of law of the common central government is the federal law. Examples of federal governments include those of Australia , Brazil , Canada , Germany , Malaysia , Pakistan , India , Russia ,

219-441: A major cause of death – where it found little progress , suggests that successful control of conjoined threats such as pollution, climate change, and biodiversity loss requires a global , "formal science –policy interface", e.g. to " inform intervention, influence research, and guide funding". Broadly, science–policy interfaces include both science in policy and science for policy. Executive order (United States) In

292-541: A Congressional override of an executive order is a nearly impossible event, because of the supermajority vote required, and the fact that such a vote leaves individual lawmakers vulnerable to political criticism. On July 30, 2014, the US House of Representatives approved a resolution authorizing Speaker of the House John Boehner to sue President Obama over claims that he exceeded his executive authority in changing

365-584: A President of the United States of America." Sections   2 and   3 describe the various powers and duties of the president, including "He shall take care that the Laws be faithfully executed". The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to

438-406: A broader range of actors involved in the policy space that includes civil society organizations , the media , intellectuals , think tanks or policy research institutes , corporations, lobbyists , etc. Policies are typically promulgated through official written documents. Policy documents often come with the endorsement or signature of the executive powers within an organization to legitimize

511-494: A complex combination of multiple levels and diverse types of organizations drawn from the public, private, and voluntary sectors that have overlapping realms of responsibility and functional capacities". Key components of policies include command-and-control measures, enabling measures, monitoring, incentives and disincentives. Science-based policy, related to the more narrow concept of evidence-based policy , may have also become more important. A review about worldwide pollution as

584-431: A fairly successful public regulatory policy is that of a highway speed limit. Constituent policies are less concerned with the allocation of resources or regulation of behavior, and more focused on representing the preferences and values of the public. These policies involve addressing public concerns and issues that may not have direct economic or regulatory implications. They often reflect the broader values and beliefs of

657-429: A gravitational force that while not "inexorable", influences state actors to create legislature in accordance with or at least closely aligned with federal legislature. Dodson justifies the existence of this "pull" by arguing that state legislators and courts rarely exercise their constitutional power to deviate from Federal Law despite having the capability. He cited, among other supreme case decisions and legislative acts,

730-509: A key provision of the Affordable Care Act ("Obamacare") on his own and over what Republicans claimed had been "inadequate enforcement of the health care law", which Republican lawmakers opposed. In particular, Republicans "objected that the Obama administration delayed some parts of the law, particularly the mandate on employers who do not provide health care coverage". The suit was filed in

803-408: A later fiscal year . The governor may also call the legislature into special session . There are also other uses for gubernatorial executive orders. In 2007, for example, Sonny Perdue , the governor of Georgia, issued an executive order for all its state agencies to reduce water use during a major drought . The same was demanded of its counties ' water systems as well, but it was unclear whether

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876-464: A law put forth by the Congress or the Constitution. Presidents since that decision have generally been careful to cite the specific laws under which they act when they issue new executive orders; likewise, when presidents believe that their authority for issuing an executive order stems from within the powers outlined in the Constitution, the order instead simply proclaims "under the authority vested in me by

949-476: A particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. Executive orders issued by state governors are not the same as statutes passed by state legislatures. State executive orders are usually based on existing constitutional or statutory powers of the governor and do not require any action by the state legislature to take effect. Executive orders may, for example, demand budget cuts from state government when

1022-407: A policy whose reach extends further than the problem it was originally crafted to address. Additionally, unpredictable results may arise from selective or idiosyncratic enforcement of policy. The intended effects of a policy vary widely according to the organization and the context in which they are made. Broadly, policies are typically instituted to avoid some negative effect that has been noticed in

1095-443: A policy. It can also be referred to as a "stages model" or "stages heuristic". It is thus a rule of thumb rather than the actual reality of how policy is created, but has been influential in how political scientists looked at policy in general. It was developed as a theory from Harold Lasswell 's work. It is called the policy cycle as the final stage (evaluation) often leads back to the first stage (problem definition), thus restarting

1168-461: A practical presidential tool for policy making because of the perception that proclamations are largely ceremonial or symbolic in nature. However, the legal weight of presidential proclamations suggests their importance to presidential governance. Federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in

1241-403: A rate so high that citizens are deterred from earning the money that is taxed. The policy formulation process theoretically includes an attempt to assess as many areas of potential policy impact as possible, to lessen the chances that a given policy will have unexpected or unintended consequences. In political science , the policy cycle is a tool commonly used for analyzing the development of

1314-486: A sequence set in motion a chain of causally linked reactions and counter-reactions which trigger subsequent development". This is a concept separate to policy sequencing in that the latter may require actions from a multitude of parties at different stages for progress of the sequence, rather than an initial "shock", force-exertion or catalysis of chains of events. In the modern highly interconnected world, polycentric governance has become ever more important – such "requires

1387-663: A sequential number, after receipt of the signed original from the White House and printing the text of the executive order in the daily Federal Register and eventually in Title   3 of the Code of Federal Regulations . With the exception of William Henry Harrison , all presidents since George Washington in 1789 have issued orders that in general terms can be described as executive orders. Initially, they took no set form and so they varied as to form and substance. The first executive order

1460-803: A sequential order. The use of such frameworks may make complex polycentric governance for the achievement of goals such as climate change mitigation and stoppage of deforestation more easily achievable or more effective, fair, efficient, legitimate and rapidly implemented. Contemporary ways of policy-making or decision-making may depend on exogenously-driven shocks that "undermine institutionally entrenched policy equilibria" and may not always be functional in terms of sufficiently preventing and solving problems, especially when unpopular policies, regulation of influential entities with vested interests, international coordination and non-reactive strategic long-term thinking and management are needed. In that sense, "reactive sequencing" refers to "the notion that early events in

1533-436: Is heuristic and iterative . It is intentionally normative and not meant to be diagnostic or predictive . Policy cycles are typically characterized as adopting a classical approach, and tend to describe processes from the perspective of policy decision makers. Accordingly, some post-positivist academics challenge cyclical models as unresponsive and unrealistic, preferring systemic and more complex models. They consider

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1606-722: Is done. The State of California provides an example of benefit-seeking policy. In recent years, the numbers of hybrid cars in California has increased dramatically, in part because of policy changes in Federal law that provided USD $ 1,500 in tax credits (since phased out) and enabled the use of high-occupancy vehicle lanes to drivers of hybrid vehicles. In this case, the organization (state and/or federal government) created an effect (increased ownership and use of hybrid vehicles) through policy (tax breaks, highway lanes). Policies frequently have side effects or unintended consequences . Because

1679-420: Is justified in claiming that a specific policy is evidence-based if, and only if, three conditions are met. First, the individual or organization possesses comparative evidence about the effects of the specific policy in comparison to the effects of at least one alternative policy. Second, the specific policy is supported by this evidence according to at least one of the individual's or organization's preferences in

1752-595: The Federal Rules of Civil Procedure as being responsible for ushering, "in a new era of federal procedural uniformity" in 1938. Dodson points to the 1957 Conley v. Gibson supreme court decision as additional contextualization for his argument. This case was brought as a class-action lawsuit by a group of African American rail workers to a Federal District Court in Texas and stating that "their collective bargaining agent be compelled to represent them fairly" in accordance with

1825-547: The Railway Labor Act . The suit was initially dismissed on the basis that the complaint did not follow the previously set federal precedence of requiring a complaint "to state a claim upon which relief could be given". The supreme court later held that this decision was a mistake based on their subjective interpretation of the Federal Rules of Procedure. The Court prioritized Rule 8 while glossing over Rule 12 to establish to

1898-531: The US Department of State instituted a numbering scheme in 1907, starting retroactively with United States Executive Order 1, issued on October 20, 1862, by President Lincoln. The documents that later came to be known as "executive orders" apparently gained their name from that order issued by Lincoln, which was captioned "Executive Order Establishing a Provisional Court in Louisiana". That court functioned during

1971-425: The intent of the organization, whether government, business, professional, or voluntary. Policy is intended to affect the "real" world, by guiding the decisions that are made. Whether they are formally written or not, most organizations have identified policies. Policies may be classified in many different ways. The following is a sample of several different types of policies broken down by their effect on members of

2044-558: The racial integration of the armed forces under President Truman. Two extreme examples of an executive order are Franklin Roosevelt's Executive Order 6102 "forbidding the hoarding of gold coin, gold bullion, and gold certificates within the continental United States", and Executive Order 9066 , which delegated military authority to remove any or all people in a military zone (used to target Japanese Americans , non-citizen Germans , and non-citizen Italians in certain regions). The order

2117-427: The state legislature is not in session, and economic conditions take a downturn , thereby decreasing tax revenue below what was forecast when the budget was approved. Depending on the state constitution , a governor may specify by what percentage each government agency must reduce and may exempt those that are already particularly underfunded or cannot put long-term expenses (such as capital expenditures ) off until

2190-520: The Army, the Navy, and other Executive departments: The Emancipation Proclamation was an executive order, itself a rather unusual thing in those days. Executive orders are simply presidential directives issued to agents of the executive department by its boss. Until the early 1900s, executive orders were mostly unannounced and undocumented, and seen only by the agencies to which they were directed. That changed when

2263-491: The Constitution". Wars have been fought upon executive order, including the 1999 Kosovo War during President Bill Clinton 's second term in office; however, all such wars have also had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution remain unresolved constitutional issues, but all presidents since

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2336-510: The Constitution's Bill of Rights to state governments. Legislation passed by Congress , an executive order of the President , or a decision of federal courts pursuant to the Constitution is federal law. Through the system of checks and balances, it is the Supreme Court that makes final decisions regarding federal laws regarding specific cases brought before them. McCulloch v. Maryland

2409-543: The Supreme Court overturned five of Franklin Roosevelt's executive orders (6199, 6204, 6256, 6284a and 6855). Executive Order 12954 , issued by President Bill Clinton in 1995, attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll: a federal appeals court ruled that the order conflicted with the National Labor Relations Act and overturned

2482-442: The Supreme Court with people more in line with his views: Hugo Black , Stanley Reed , Felix Frankfurter , William O. Douglas , Frank Murphy , Robert H. Jackson and James F. Byrnes . Historically, only George Washington has had equal or greater influence over Supreme Court appointments (as he chose all its original members). Justices Frankfurter, Douglas, Black, and Jackson dramatically checked presidential power by invalidating

2555-613: The US District Court for the District of Columbia on November 21, 2014. Part of President Donald Trump 's executive order Protecting the Nation from Foreign Terrorist Entry into the United States , which temporarily banned entry to the US of citizens of seven Muslim-majority countries, including for permanent residents, was stayed by a federal court on January 28, 2017. However, on June 26, 2018,

2628-515: The US Supreme Court overturned the lower court order in Trump v. Hawaii and affirmed that the executive order was within the president's constitutional authority. The degree to which the president has the power to use executive orders to set policy for independent federal agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been

2701-486: The United States, an executive order is a directive by the president of the United States that manages operations of the federal government . The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage

2774-663: The authority vested in me by the Constitution", thereby creating the National Labor Relations Board . In 1934, while Charles Evans Hughes was Chief Justice of the United States (the period being known as the Hughes Court ), the Court found that the National Industrial Recovery Act (NIRA) was unconstitutional. The president then issued Executive Order 7073 "by virtue of the authority vested in me under

2847-492: The basis of the impact they will have. Policies can be understood as political, managerial , financial, and administrative mechanisms arranged to reach explicit goals. In public corporate finance, a critical accounting policy is a policy for a firm/company or an industry that is considered to have a notably high subjective element, and that has a material impact on the financial statements . It has been argued that policies ought to be evidence-based. An individual or organization

2920-414: The behavior and practices of individuals, organizations, or industries. These policies are intended to address issues related to public safety, consumer protection, and environmental conservation. Regulatory policies involve government intervention in the form of laws, regulations, and oversight. Examples include environmental regulations, labor laws, and safety standards for food and drugs. Another example of

2993-502: The cycle. Harold Lasswell 's popular model of the policy cycle divided the process into seven distinct stages, asking questions of both how and why public policies should be made. With the stages ranging from (1) intelligence, (2) promotion, (3) prescription, (4) invocation, (5) application, (6) termination and (7) appraisal, this process inherently attempts to combine policy implementation to formulated policy goals. One version by James E. Anderson, in his Public Policy-Making (1974) has

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3066-422: The decision making or legislative stage. When the term policy is used, it may also refer to: The actions an organization actually takes may often vary significantly from its stated policy. This difference is sometimes caused by political compromise over policy, while in other situations it is caused by lack of policy implementation and enforcement. Implementing policy may have unexpected results, stemming from

3139-467: The environments that policies seek to influence or manipulate are typically complex adaptive systems (e.g. governments, societies, large companies), making a policy change can have counterintuitive results. For example, a government may make a policy decision to raise taxes, in hopes of increasing overall tax revenue. Depending on the size of the tax increase, this may have the overall effect of reducing tax revenue by causing capital flight or by creating

3212-575: The executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the Congress in statutes . Attempts to block such orders have been successful at times, when such orders either exceeded the authority of the president or could be better handled through legislation. The Office of the Federal Register is responsible for assigning the executive order

3285-628: The executive order at issue in Youngstown Sheet & Tube Co. v. Sawyer : in that case Roosevelt's successor, Harry S. Truman , had ordered private steel production facilities seized in Executive Order 10340 to support the Korean War effort: the Court held that the executive order was not within the power granted to the president by the Constitution. Large policy changes with wide-ranging effects have been implemented by executive order, including

3358-464: The first 100 days of his presidency, more than any other president since Harry Truman. Before 1932, uncontested executive orders had determined such issues as national mourning on the death of a president and the lowering of flags to half-staff. President Franklin Roosevelt issued the first of his 3,522 executive orders on March 6, 1933, declaring a bank holiday , and forbidding banks to release gold coin or bullion . Executive Order 6102 forbade

3431-435: The following stages: Anderson's version of the stages model is the most common and widely recognized out of the models. However, it could also be seen as flawed. According to Paul A. Sabatier, the model has "outlived its usefulness" and should be replaced. The model's issues have led to a paradoxical situation in which current research and updated versions of the model continue to rely on the framework created by Anderson. But

3504-588: The former Soviet Union and the United States . The United States Constitution established through the supremacy clause that the United States Constitution and federal law takes precedent over state law. These powers include the authority to govern international affairs , interstate commerce , the currency and national defense . After the American Civil War , the Fourteenth Amendment applied

3577-453: The framework of global dynamics. Policies or policy-elements can be designed and proposed by a multitude of actors or collaborating actor-networks in various ways. Alternative options as well as organisations and decision-makers that would be responsible for enacting these policies – or explaining their rejection – can be identified. "Policy sequencing" is a concept that integrates mixes of existing or hypothetical policies and arranges them in

3650-436: The given policy area. Third, the individual or organization can provide a sound account for this support by explaining the evidence and preferences that lay the foundation for the claim. Policies are dynamic; they are not just static lists of goals or laws. Policy blueprints have to be implemented, often with unexpected results. Social policies are what happens 'on the ground' when they are implemented, as well as what happens at

3723-509: The head of state and head of government of the United States, as well as commander-in-chief of the United States Armed Forces, only the president of the United States can issue an executive order. Presidential executive orders, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. At any time, the president may revoke, modify or make exceptions from any executive order, whether

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3796-589: The hoarding of gold coin, bullion and gold certificates . A further executive order required all newly mined domestic gold be delivered to the Treasury. By Executive Order 6581, the president created the Export-Import Bank of the United States . On March 7, 1934, he established the National Recovery Review Board (Executive Order 6632). On June 29, the president issued Executive Order 6763 "under

3869-416: The law can compel or prohibit behaviors (e.g. a law requiring the payment of taxes on income), policy merely guides actions toward those that are most likely to achieve the desired outcome. Policy or policy study may also refer to the process of making important organizational decisions, including the identification of different alternatives such as programs or spending priorities, and choosing among them on

3942-546: The military occupation of Louisiana during the American Civil War , and Lincoln also used Executive Order   1 to appoint Charles A. Peabody as judge and designate the salaries of the court's officers. President Harry Truman 's Executive Order 10340 placed all the country's steel mills under federal control, which was found invalid in Youngstown Sheet & Tube Co. v. Sawyer , 343 US 579 (1952), because it attempted to make law, rather than to clarify or to further

4015-402: The order was made by the current president or a predecessor. Typically, a new president reviews in-force executive orders in the first few weeks in office. The United States Constitution does not have a provision that explicitly permits the use of executive orders. Article   II , Section   1, Clause   1 of the Constitution simply states: "The executive Power shall be vested in

4088-420: The order would have the force of law. According to political expert Phillip J. Cooper, a presidential proclamation "states a condition, declares a law and requires obedience, recognizes an event or triggers the implementation of a law (by recognizing that the circumstances in law have been realized)". Presidents define situations or conditions on situations that become legal or economic truth. Such orders carry

4161-458: The order. Congress has the power to overturn an executive order by passing legislation that invalidates it, and can also refuse to provide funding necessary to carry out certain policy measures contained with the order or legitimize policy mechanisms. In the case of the former, the president retains the power to veto such a decision; however, Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that

4234-399: The orders lack support by statute or the Constitution. Some policy initiatives require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree legislation will be enforced, dealing with emergencies, waging wars, and in general fine-tuning policy choices in the implementation of broad statutes. As

4307-431: The organization, or to seek some positive benefit. A meta-analysis of policy studies concluded that international treaties that aim to foster global cooperation have mostly failed to produce their intended effects in addressing global challenges , and sometimes may have led to unintended harmful or net negative effects. The study suggests enforcement mechanisms are the "only modifiable treaty design choice" with

4380-569: The organization. Distributive policies involve government allocation of resources, services, or benefits to specific groups or individuals in society. The primary characteristic of distributive policies is that they aim to provide goods or services to a targeted group without significantly reducing the availability or benefits for other groups. These policies are often designed to promote economic or social equity. Examples include subsidies for farmers, social welfare programs, and funding for public education. Regulatory policies aim to control or regulate

4453-517: The passage of the resolution have complied with its terms, while also maintaining that they are not constitutionally required to do so. Harry S. Truman issued 907 executive orders, with 1,081 orders made by Theodore Roosevelt , 1,203 orders made by Calvin Coolidge , and 1,803 orders made by Woodrow Wilson . Franklin D. Roosevelt has the distinction of making a record 3,522 executive orders. In 2021, President Joseph Biden issued 42 executive orders in

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4526-641: The policy and demonstrate that it is considered in force. Such documents often have standard formats that are particular to the organization issuing the policy. While such formats differ in form, policy documents usually contain certain standard components including: Some policies may contain additional sections, including: The American political scientist Theodore J. Lowi proposed four types of policy, namely distributive , redistributive , regulatory and constituent in his article "Four Systems of Policy, Politics and Choice" and in "American Business, Public Policy, Case Studies and Political Theory". Policy addresses

4599-408: The potential to improve the effectiveness . Corporate purchasing policies provide an example of how organizations attempt to avoid negative effects. Many large companies have policies that all purchases above a certain value must be performed through a purchasing process. By requiring this standard purchasing process through policy, the organization can limit waste and standardize the way purchasing

4672-403: The public (influenced via media and education as well as by cultural identity ), contemporary economics (such as what is beneficial or a burden in the long- and near-term within it) and a general state of international competition (often the focus of geopolitics ). Broadly, considerations include political competition with other parties and social stability as well as national interests within

4745-505: The resources and staff of the executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power ( delegated legislation ). The vast majority of executive orders are proposed by federal agencies before being issued by the president. Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if

4818-769: The said Emergency Relief Appropriation Act of 1935 ", re-establishing the National Emergency Council to administer the functions of the NIRA in carrying out the provisions of the Emergency Relief Appropriations Act. On June 15, he issued Executive Order 7075, which terminated the NIRA and replaced it with the Office of Administration of the National Recovery Administration . In the years that followed, Roosevelt replaced outgoing justices of

4891-415: The same force of law as executive orders, the difference between being that executive orders are aimed at those inside government, but proclamations are aimed at those outside government. The administrative weight of those proclamations is upheld because they are often specifically authorized by congressional statute, making them "delegated unilateral powers". Presidential proclamations are often dismissed as

4964-842: The society. Constituent policies can include symbolic gestures, such as resolutions recognizing historical events or designating official state symbols. Constituent policies also deal with fiscal policy in some circumstances. Redistributive policies involve the transfer of resources or benefits from one group to another, typically from the wealthy or privileged to the less advantaged. These policies seek to reduce economic or social inequality by taking from those with more and providing for those with less. Progressive taxation, welfare programs, and financial assistance to low-income households are examples of redistributive policies. In contemporary systems of market-oriented economics and of homogeneous voting of delegates and decisions , policy mixes are usually introduced depending on factors that include popularity in

5037-569: The spirit and letter of existing U.S. law on access to presidential papers as clearly laid down in 44 USC 2201–07", and adding that the order "potentially threatens to undermine one of the very foundations of our nation". President Barack Obama subsequently revoked Executive Order 13233 in January 2009. The Heritage Foundation has accused presidents of abusing executive orders by using them to make laws without Congressional approval and moving existing laws away from their original mandates. In 1935,

5110-537: The very concept of the stages model has been discredited, which attacks the cycle's status as a heuristic. Due to these problems, alternative and newer versions of the model have aimed to create a more comprehensive view of the policy cycle. An eight step policy cycle is developed in detail in The Australian Policy Handbook by Peter Bridgman and Glyn Davis : (now with Catherine Althaus in its 4th and 5th editions) The Althaus, Bridgman & Davis model

5183-565: Was a seminal case handed down by the Supreme Court in 1819 which prevented State legislatures from taxing federal institutions. This established the superior relationship that federal laws have with regards to conflicting State laws and was a critical moment for federalism in the United States . Federal laws are codified in the United States Code . Professor Scott Dodson proposes a theory which argues that American federal law has some measurable effect on state law and compares this effect to

5256-535: Was issued by Washington on June 8, 1789; addressed to the heads of the federal departments, it instructed them "to impress [him] with a full, precise, and distinct general idea of the affairs of the United States" in their fields. According to political scientist Brian R. Dirck, the most famous executive order was by President Abraham Lincoln when he issued the Emancipation Proclamation on September 22, 1862, which in part contained explicit directions to

5329-545: Was then delegated to General John L. DeWitt , and it subsequently paved the way for all Japanese-Americans on the West Coast to be sent to internment camps for the duration of World War II . President George W. Bush issued Executive Order 13233 in 2001, which restricted public access to the papers of former presidents. The order was criticized by the Society of American Archivists and other groups, who say it "violates both

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