Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
118567626
label
JGR/Bicentennial of the Constitution (3 of 5)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
118567626
contentType
document
title
JGR/Bicentennial of the Constitution (3 of 5)
citationUrl
identifierLocal
485
collections
Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
118567626
coverageEndDate
logicalDate
1986-12-31
year
1986
coverageStartDate
logicalDate
1982-01-01
year
1982
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
645c71dd53631bfa
ocrText
Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Bicentennial of the Constitution
(3 of 5)
Box: 5
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
July 16, 1985
The President today announced his intention to appoint E.V. Hill to
be a Member of the Commission on the Bicentennial of the United
States Constitution. This is a new position.
Reverend Hill is pastor of Mount Zion Missionary Baptist Church of
Los Angeles. He was a Member of the Private Sector Initiatives
Task Force in 1982.
He graduated from Prairie View College (B.S., 1955). He was born
November 11, 1933 in Columbus, Texas and now resides in Los
Angeles.
# # #
THE WHITE HOUSE
WASHINGTON
July 17, 1985
Dear Mr. Douglas:
Some time ago you wrote the Counsel to the President,
volunteering your services in connection with the activities
of the Commission on the Bicentennial of the Constitution.
The President recently announced the appointment of the
members of the Commission, and designated the Chief Justice
as the Chairman. I enclose for your information a copy of
this announcement.
I recommend that you contact Dr. Mark Cannon, Administrative
Assistant to the Chief Justice, concerning your interest in
the activities of the Commission.
Sincerely,
Johnsolut
John G. Roberts
Associate Counsel to the President
Mr. Richard J. Douglas
7625 Moccasin Lane, Box 8
Rockville, MD 20855
ID #. 312859 CU
sy
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o - OUTGOING
H - INTERNAL
I * INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Richard Dauglas
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: wants to volunteer on the Constitution
Bicentinnial commission
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUITOLL
ORIGINATOR
85,04,29
/
/
Referral Note:
CUAT 18
Rx 85,04,30
585,05110 a
Referral Note:
/
/
/
/
-
Referral Note:
/ /
/ /
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C . Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
312859ca
April 26, 1985
Richard J. Douglas
7625 Moccasin Lane, Box 8
Rockville, Md. 20855
The Honorable Fred F. Fielding
Counsel to the President
The White House
1600 Pennsylvania Avenue NW
Washington, D.C. 20500
Dear Mr. Fielding:
The article published recently in the Washington Post
regarding the Constitutional Bicentennial Commission prompt-
ed me to direct this inquiry to your office. I am a recent
law school graduate, awaiting the results of the Maryland
Bar Exam, and am employed by a trade association here in
Washington. I am interested in becoming involved with the
activities of the Commission, and thought your office would
be a good place to start.
I would like to volunteer my services for any aspect of
the planned activities, be it stuffing envelopes, hanging
posters, etc. I would just like to be a part of things.
Any help you can provide in getting me in touch with
the right person will be greatly appreciated. Thanks for
your attention.
Best Regards
Richard J. Douglas
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
July 26, 1985
The President today appointed Edward Moore Kennedy, United States
Senator from the State of Massachusetts, upon the recommendation of
the President pro tempore of the Senate, in consultation with the
Majority Leader and Minority Leader of the Senate, to be a Member
of the Commission on the Bicentennial of the United States
Constitution. This is a new position.
###
THE WHITE HOUSE
WASHINGTON
August 5, 1985
Dear Senator Grassley:
Thank you for your recent letter recommending Russell I.
Brown for a staff position on the Commission on the Bicen-
tennial of the United States Constitution.
Public Law 98-101, which established the Commission,
provides that the Commission shall appoint a staff director,
and that the Commission may appoint and pay from public
funds up to five additional persons, as the Chairman finds
necessary. The Chairman is also authorized to appoint up to
forty additional staff members to be paid out of private
donations.
The President has designated Chief Justice Warren E. Burger
as Chairman of the Commission. Since it is the responsibility
of the Commission and the Chairman under Public Law 98-101
to appoint the staff of the Commission, I have forwarded
your correspondence to the Chief Justice.
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
The Honorable Charles E. Grassley
United States Senate
Washington, D.C. 20510
FFF: JGR:aea 8/5/85
bcc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
August 5, 1985
Dear Mr. Chief Justice:
Senator Grassley has written me with a recommendation for a
staff position on the Commission on the Bicentennial of the
United States Constitution. I have advised Senator Grassley
that, pursuant to Public Law 98-101, appointing the staff is
the responsibility of the Commission and the Chairman, and
that I would accordingly refer his recommendation to you.
I do so without any views whatsoever on the Senator's
candidate.
With best wishes,
Sincerely,
Orig. signed by FFF
Fred F. Fielding
Counsel to the President
The Honorable Warren E. Burger
The Chief Justice
of the United States
Washington, D.C. 20543
Enclosure
FFF:JGR;aea 8/5/85
bcc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
August 5, 1985
Dear Senator Grassley:
Thank you for your recent letter recommending Russell I.
Brown for a staff position on the Commission on the Bicen-
tennial of the United States Constitution.
Public Law 98-101, which established the Commission,
provides that the Commission shall appoint a staff director,
and that the Commission may appoint and pay from public
funds up to five additional persons, as the Chairman finds
necessary. The Chairman is also authorized to appoint up to
forty additional staff members to be paid out of private
donations.
The President has designated Chief Justice Warren E. Burger
as Chairman of the Commission. Since it is the responsibility
of the Commission and the Chairman under Public Law 98-101
to appoint the staff of the Commission, I have forwarded
your correspondence to the Chief Justice.
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Charles E. Grassley
United States Senate
Washington, D.C. 20510
FFF: JGR:aea 8/5/85
bcc: FFFielding
JGRoberts
Subj
Chron
THE WHITE HOUSE
WASHINGTON
August 5, 1985
Dear Mr. Chief Justice:
Senator Grassley has written me with a recommendation for a
staff position on the Commission on the Bicentennial of the
United States Constitution. I have advised Senator Grassley
that, pursuant to Public Law 98-101, appointing the staff is
the responsibility of the Commission and the Chairman, and
that I would accordingly refer his recommendation to you.
I do SO without any views whatsoever on the Senator's
candidate.
With best wishes,
Sincerely,
Fred F. Fielding
Counsel to the President
The Honorable Warren E. Burger
The Chief Justice
of the United States
Washington, D.C. 20543
FFF:JGR;aea 8/5/85
bcc: FFFielding
JGRoberts
Subj
Chron
35 HART SENATE OFFICE BUILDING
103 FEDERAL COURTHOUSE BUILDING
WASHINGT ON. DC 20510
320 6TH STREET
(202) 224-3744
Sioux CITY, IA 51101
(712) 233-3331
721 FEDERAL BUILDING
210 WALNUT STREET
DES MOINES. IA 50309
United States Senate
210 WATERLOO BUILDING
531 COMMERCIAL STREET
(515) 284-4890
WATERLOO, IA 50701
(319) 232-6657
206 FEDERAL BUILDING
CHARLES E. GRASSLEY
101 1ST STREET S.E.
116 FEDERAL BUILDING
CEDAR RAPIDS. IA 52401
131 E. 4TH STREET
(319) 399-2555
DAVENPORT, IA 52801
(319) 322-4331
July 18, 1985
Mr. Fred Fielding
The White House
Washington, D.C. 20500
Dear Mr. Fielding:
As a member of the Subcommittee on Constitution and as Chairman
of the Subcommittee on Administrative Practice and Procedure, I
am writing to you to request the appointment Mr. Russell I. Brown
to a staff position on the Commission on the Bicentennial of the
Constitution.
Mr. Brown has my highest support and respect for this
appointment. I believe he possesses the experience and qualities
to help make this event a memorable one for our nation. He has
formulated many programs and ideas that could be especially
meaningful to the work of this Commission, and I would urge you
appoint him to this position.
I believe the commemoration of this time in our nation's history
can be important to keeping alive the spirit of this country, and
it my sincere hope that the unique talents of Russ Brown can be
utilized in this manner.
Thank you for your help.
one
Sincerely,
This
Chuch
like to
Charles E. Grassley
United States Senator
CEG/clm
Committee Assignments:
BUDGET
FINANCE
JUDICIARY
LABOR AND HUMAN
SPECIAL COMMITTEE ON
RESOURCES
AGING
THE WHITE HOUSE
WASHINGTON
August 16, 1985
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS, JR.
JJR
SUBJECT:
Applicability of the Federal Advisory
Committee Act to the Commission on the
Bicentennial of the U.S. Constitution
A question has been raised on the applicability of the Federal
Advisory Committee Act (FACA), 5 U.S.C. App., to the Commission on
the Bicentennial of the U.S. Constitution, established by Public
Law 98-101. The Commission has not conducted its meetings in
compliance with FACA, and some have contended that the various FACA
requirements -- particularly open meetings -- must be observed.
After reviewing FACA, Public Law 98-101, the legislative history of
Public Law 98-101, and numerous court decisions on the definition
of an advisory committee under FACA, I cannot definitively conclude
whether or not the Commission is subject to FACA. This is largely
due to the unusual composition of the Commission itself, and its
uncertain stature within the Government. The uncertainty of the
applicability of FACA to the Commission is simply a chicken coming
home to roost, given the constitutionally dubious genesis of the
Commission itself.
FACA defines an "advisory committee," in pertinent part, as "any
commission
which is established by statute
in the
...
...
interest of obtaining advice or recommendations for the President
or one or more agencies or offices of the Federal Government
"
5 U.S.C. App. § 3(2). The Commission was established by statute,
and one of its duties is to submit "to the President
...
a compre-
hensive report incorporating specific recommendations
for
...
commemoration and coordination of the bicentennial and related
activities." Public Law 98-101, § 6 (e).
On the other hand, the Commission has various functions other than
advising the President. The Commission is itself to plan and
develop activities to commemorate the bicentennial, $ 6(a), not
simply offer advice on such observances. It is authorized to
accept gifts, issue certain regulations, and use the mails as if it
were a Federal agency. It has its own appropriation, hires its own
staff, and is in charge of its own procurement.
In sum, the Commission is in many respects an independent, self-
sufficient establishment. It is not explicitly established "in the
Executive branch,' and, of course, its Chairman and several of its
2
members belong to the other branches. It cannot be said that its
chief purpose is to provide advice to the President or Executive
branch. Yet FACA presupposes that this is the chief purpose of any
advisory committee, and the various procedural requirements of FACA
were drafted with this in mind.
For example, FACA provides that advisory committee meetings must be
open to the public unless closed by the President or the head of
the agency to which the committee reports. 5 U.S.C. App. § 10 (d).
The Commission does not report to an agency, and while it is
required to submit a report to the President, this is a relatively
minor part of its duties.
Another inconsistency between FACA and the Commission enabling
legislation concerns staff pay. FACA prohibits paying staff at a
rate in excess of GS-18, 5 U.S.C. App. $ 7 (d), but the Commission
staff director may be paid up to Level I, Public Law 98-101,
§ 5(a).
I think our office should avoid becoming involved in this dispute,
for institutional reasons. The more we argue that the Commission
is not purely advisory, and therefore not subject to FACA, the
clearer the constitutional infirmities of the Commission become.
There would be no constitutional problems if the Commission were
purely advisory, but then it would obviously be subject to FACA.
In addition, it is not clear to me that we have any executive
control over the Commission, and we should not get into the busi-
ness of issuing legal guidance that might be considered gratuitous
and ignored.
THE WHITE HOUSE
WASHINGTON
August 29, 1985
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS JJR
SUBJECT:
Appointment of William Lucas to the
Commission on the Bicentennial of
the U.S. Constitution
I have reviewed the Personal Data Statement submitted by
William Lucas in connection with his prospective appointment
to the Bicentennial Commission, and have no objection to
proceeding with that appointment. The Commission was
established by Public Law 98-101. It consists of 23 mem-
bers, including 20 appointed by the President, twelve on the
recommendation of other officials and eight unrestricted.
Lucas falls in the unrestricted category.
Lucas is Wayne County Executive, the CEO of the third
largest county in the United States. A black, Lucas recently
was the subject of considerable attention for shifting from
the Democratic to Republican Party. His financial holdings
are in a blind trust. His PDS reveals a minor dispute with
the IRS that is reportedly nearing resolution and should
present no bar to this appointment.
Attachment
SUGGESTED TALKING POINTS FOR MEETING WITH
THE CHIEF JUSTICE, CHAIRMAN
COMMISSION ON THE BICENTENNIAL OF THE CONSTITUTION
Thank you very much for this first report of the Commission
on the Bicentennial of the U.S. Constitution. By law
this is not due until September 29. I'm surprised
enough when anything is on time in Government, let alone
early. The Commission chairman must crack a sharp whip.
Seriously, I am pleased that the group of distinguished
Americans serving on the Commission has gotten off to
such a fast start.
-- It is of course fitting to do this today, the 198th
anniversary of the signing of the Constitution in Phila-
delphia's Independence Hall. Greater statesmen than I
have, over the generations, sung the praises of the
Constitution, and nothing I can say can add much to the
luster it has acquired over the past 198 years. The
Constitution has, quite simply, done what the Framers
intended it to do: it has permitted us to govern
ourselves. That was rare in 1787; it is still rare
today.
-- One thing that has struck me is how frequently we see
revolutions betrayed. People rise up and cast off
oppressive rulers only to have them replaced soon
thereafter by new oppressors. Our revolution was
- 2 -
different, because it was shortly followed by the
Constitution, which has served as a blueprint for
freedom ever since.
-- I know from personal experience that the Constitution
works. The system of "checks and balances" we learn
about in high school civics turns out to be very real.
I know, I've been "checked" by the other branches a few
times myself! If only the Framers had remembered to
include a line-item veto
-- I know, Mr. Chief Justice, that you and all the members
of the Commission share my view that this upcoming
bicentennial is a very important occasion. It is an
opportunity for all Americans to re-educate themselves
about the Constitution and rededicate themselves to the
principles it embodies.
-- Your great predecessor John Marshall said "the people
make the Constitution, and the people can unmake it."
One way they can "unmake it" is by being ignorant of
what it means and how it works. Too many have
sacrificed too much for us to let that happen.
-- Thank you again for this first report. I wish the
Commission well in its work, which I know will steadily
increase in intensity as the bicentennial approaches.
THE WHITE HOUSE
WASHINGTON
9/9/85
MEMORANDUM
TO:
FRED FIELDING
FROM:
FREDERICK J. RYAN, JR.
7pm
SUBJECT:
APPROVED PRESIDENTIAL ACTIVITY
MEETING:
Receive Report from the Commission on
the Bicentennial of the Constitution
DATE:
September 17, 1985
TIME:
1:15 pm
DURATION:
10 minutes
LOCATION:
Oval Office
REMARKS REQUIRED: To be covered in briefing paper
MEDIA COVERAGE:
Coordinate with Press Office
FIRST LADY
PARTICIPATION:
No
NOTE: PROJECT OFFICER, SEE ATTACHED CHECKLIST
cc: K. Barun
A. Kingon
P. Buchanan
J. Kuhn
D. Chew
C. McCain
E. Crispen
B. Oglesby
T. Dawson
E. Rollins
B. Elliott
J. Rosebush
L. Faulkner
R. Scouten
M. Friedersdorf
R. Shaddick
C. Fuller
-
B. Shaddix
W. Henkel
L. Speakes
E. Hickey
WHCA Audio/Visual
C. Hicks
WHCA Operations
J. Hooley
N. Yates
THE WHITE HOUSE
WASHINGTON
TO:
PROJECT OFFICERS
FROM:
FREDERICK J. RYAN, JR.
7JR
SUBJECT:
CHECKLIST FOR PRESIDENTIAL EVENTS
General Responsiblities
The Presidential Advance Office has responsibility for all logistical arrangements
for any event involving press coverage. Please coordinate with them from the time
your event is approved in order to avoid the need for last-minute modification.
Notify and clear all participants. (Full name, social security number, date of
birth and place of birth).
Prepare and submit briefing paper to David Chew's Office by 3:00 p.m. of the
preceding day. (14 copies)
Coordinate with James Kuhn (x2168) on Presidential involvement.
Coordinate with the Press Office (x2100) regarding Press Coverage. Indicate
hometowns of participants. No organizational photographers will be admitted to
any event unless other press is present. Clearance of such photographers should
be coordinated through the Press Office.
If remarks are required, coordinate with the Speechwriters Office (x6266) well in
advance.
For Rose Garden events, clear and reserve a backup location in case of inclement
weather.
If participant plans to bring a gift, contact the White House Gift Unit (x7133), in
advance, for review and proper procedure for handling.
If any foreign visitor or dignitary is to be involved, please coordinate with William
Martin of the NSC (x2224).
If any Department of Defense or Military personnel are to be involved, please
coordinate in advance with the White House Military Office (x2150).
If press coverage is expected, please provide all pertinent information concerning
this event (guests, scenario, backdrop, etc.,) to the Presidential Advance Office
at least 72 hours prior to the event.
Submit a complete, confirmed list of staff and attendees, identified by title, as well
as the actual starting and completion times, to the President's Diarist, Office of
Presidential Appointments and Scheduling (x7560) within five (5) days after the
event.
If tent name cards are needed, send a list of names to Social Secretary's office
(x7064) at least 48 hours in advance.
For West Wing Meetings all room arrangements (chairs, notepads, pencils, etc.)
should be made through Carl Jones (x2275) or Nell Yates (x2605).
Residence Events
Coordinate with the Social Secretary's office (x7064) for all arrangements.
Send guest list to Social Secretary's office, preferably three weeks prior to the
event.
Revised 7/85
Supreme Court of the United States
Mashington, D. q. 20543
RECEIVED
ADMINISTRATIVE ASSISTANT TO
APPROVED FOR
THE CHIEF JUSTICE
Date 9-17-8
1935
Time 1:15pm
SCHEDULING
Length 10minates - oudl office September 3, 1985
Date
9-9-8
Frederick J. Ryan, Jr.
Director of Presidential.
Appointments and Scheduling
182 Old Executive Office Building
Washington, D.C. 20500
RE: Presentation to the President of first report of the
Commission on the Bicentennial of the United States
Constitution.
Dear Mr. Ryan:
Pursuant to Ron Walker's discussion with you and your
request for more details, we propose that the Chief Justice,
acting in his capacity as Chairman of the Bicentennial
Commission, present President Reagan with a copy of the first
report of the Commission on September 17, 1985.
The statute requires that the preliminary report be
presented by September 29, but the presentation of the report on
the 17th will symbolize the determination of the President and
the Commission to move ahead rapidly with the commemoration.
We would like to handle this in whatever way the President
wishes. These are some thoughts in case they are helpful. The
Chief Justice could present the report to the President and brief
him on the Commission's concepts and objectives for five minutes
in the oval office. The media could then enter for a photo
opportunity of the presentation, possibly in front of the flags.
A prepared statement could then be given by the President and the
Chief Justice could leave the office and briefly answer questions
by the press.
Alternatively, the Chief Justice could make a brief verbal
presentation and the President make a brief verbal response
before the press all moved out.
The presentation could take place anytime during the day,
although a morning time might possibly receive more news
coverage. because it could be played on Constitution Day.
In accord with your previous discussions, the Chief Justice
alone would represent the Commission, bringing with him only the
Commission Director (who would stay in the background) if that is
satisfactory.
In accepting the report the President could, either orally
or in writing give his endorsement of the Constitution and the
cornucopia of benefits it has produced. The President could then
announce his full support for the efforts of the Commission in
making 1985-1989 the most meaningful commemoration of and
education about the Constitution in our history.
This will help reverse the false allegations in the press
that the President is not interested in the Constitution.
It would be helpful for the President to wind up his remarks
with a statement of the following actions. These ideas were all
discussed in detail by the Chief Justice and the President in
April shortly before the President went to Germany.
1) Sending a memo to every cabinet member and agency head
asking for appointment of a person at the Assistant
Secretary level or above to direct the planning of
commemorative activities about the Constitution
appropriate to that agency. The Commission could draw on
these representatives from time to time for ideas and
assistance.
2) Designating a senior White House person as liaison to
assist the Commission in its efforts to get a fast start.
Since the statute contemplates that the Commission will
be staffed heavily with persons detailed from federal
agencies, a major function of this liaison person will be
to assure that agencies carry out the President's and
Congress's intent that they give substantial support to
the Commission in many ways, including the detail of
quality staff where needed.
3) Committing his personal support for the efforts of the
Commission in stimulating nationwide support and activity
by private organizations to educate their members and
others about the Constitution, and in raising private
funds as contemplated in the statute.
Should you desire background materials or any help on our
part, please let us know.
Thank you for your assistance.
Sincerely,
Mark Male Bannon W. Cannon
CC: Ron Walker
THE WHITE HOUSE
washington
September 4, 1985
MEMORANDUM FOR FREDERICK J. RYAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SCHEDULING
FROM:
ASSOCIATE COUNSEL MR TO THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
Request for Scheduling Presentation of
"Constitution of the U.S. Bicentennial
Flag" by Henry Fredette
You have asked this office if there are any legal restrictions
you could cite in response to Henry Fredette's request to
present a flag to the President in commemoration of the
upcoming bicentennial of the Constitution. I assume you
intend to decline the request.
There are no legal restrictions that would preclude the
President from accepting the flag. Presumably the President
would not want to accept the flag as a personal gift, but
rather on behalf of the United States, in which case it
would be turned over to GSA for possible inclusion in the
Reagan Library.
You can advise Fredette of the existence of the Commission
on the Bicentennial of the United States Constitution,
established by Public Law 98-101 to plan and coordinate
commemoration of the bicentennial. The Commission is
chaired by the Chief Justice; Dr. Mark Cannon serves as
Executive Director. Perhaps the rejection of Fredette's
request would be softened if you told him to present his
proposal to the Commission.
343939
ID #.
CU
WHITE HOUSE
GID02
CORRESPONDENCE TRACKING WORKSHEET
0 . OUTGOING
H INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Fred Ryan
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Request far scheduling Presentation at
constitution of the US Becentenne Flay"
by Henry Fredette
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
ORIGINATOR
85,08,2011
/
/
Referral Note:
cuat 18
PM
R 85,09,03
5 85,09113
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S. For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments: AUG 16, 85 Henry A. Fredette beloming
ltr to The President also attacked
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
THE WHITE HOUSE
WASHINGTON
343939ca
MEMORANDUM
August 29, 1985
TO:
FRED FIELDING
FROM: FREDERICK J. RYAN, JR., DIRECTOR
PRESIDENTIAL APPOINTMENTS AND SCHEDULING
SUBJ: REQUEST FOR SCHEDULING RECOMMENDATION
PLEASE PROVIDE YOUR RECOMMENDATION ON THE FOLLOWING
SCHEDULING REQUEST UNDER CONSIDERATION:
EVENT:
Presentation of "Constitution of the United States Bicentennial
Flag" by Henry A. Fredette
DATE:
Between September 17 and October 17, 1985
LOCATION:
The White House
BACKGROUND: See attached
+ Are There any legal restrictions me can cite in our response?
YOUR RECOMMENDATION:
Accept
Regret
Surrogate
Message
Other
Priority
Routine
IF RECOMMENDATION IS TO ACCEPT, PLEASE CITE REASONS:
TO JEAN at APPLEBY JACKSON
RESPONSE DUE September 6, 1985
Henry A. Fredette
HISTORIAN
MAIN STREET FITCHBURG, MASSACHUSETTS 01420
TELEPHONE 617-345-4450
August 16, 1985
President Ronald Reagan
The White House
Washington, D.C. 20006
Dear President Reagan:
Enclosed is a copy of a letter that I recieved from
Mr. Hobart Cawood, Superintendant of Independence
National Historical Park inviting me to present to
him my copywritten "CONSTITUTION of the UNITED STATES
BI-CENTENNIAL flag" at Independence Hall.
This would be on September 17th which is the 198th
anniversary of the signing of our Constitution.
President Reagan I would like to present to you a
3'x5' nylon Constitution flag with gold fringe which
would be an auditorium flag which could be used in
The White House between now and the celebration in
1987.
After my visit to Philadelphia on September 17th I
would be able to go to Washington within the next 30
days. and make a presentation to you Mr. President.
Looking forward to hearing from you soon, I remain
Respectfully Yours
Henrya Henry A. Studette Fredette
OF THE INTERIOR THE INTERIOR
United States Department of the Interior
NATIONAL PARK SERVICE
March
1
$ 81
INDEPENDENCE NATIONAL HISTORICAL-PARK
311-313 WALNUT STREET
IN REPLY REFER TO:
PHILADELPHIA, PA. 19106
August 6, 1985
A8227 (INDE)
Mr. Henry A. Fredette
150 Main Street
Fitchburg, Massachusetts 01420
Dear Mr. Fredette:
It was a pleasant surprise to hear from you after so long a time. I was not
in the least surprised that you are still up to your old habit of designing
flags.
I would be pleased to be the recipient of one of your new bicentennial of the
U.S. Constitution flags, although as yet, I do not know how I will use it. I
will be fairly busy on September 17, 1985, however, I am sure we can find the
time to get together. I will have the Director of the National Park Service
here on that day so you may wish to make the presentation at approximately
12:30PM at our Reception Room in the West Wing of Independence Hall.
I look forward to seeing you soon.
Hobart Sincerely, Superintendent G. Cawood
A National Celebration in Philadelphia of the United States Constitution, 198'
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
September 9, 1985
The President today announced his intention to appoint William
Lucas to be a Member of the Commission on the Bicentennial of the
United States Constitution. This is a new position.
He was elected Wayne County (Michigan) Executive in 1982 and took
office in January 1983. Previously, he served in Wayne County as
Sheriff (1969-1983) and Undersheriff (1968-1969). Prior to that
time, he was a Special Agent for the Federal Bureau of
Investigation in Washington, D.C., Cincinnati and Detroit.
Mr. Lucas graduated from Manhattan College (B.A., 1952) and Fordham
Law School (J.D., 1961). He is married, has five children and
resides in Detroit, Michigan. He was born January 5, 1928 in New
York City.
# # #
Bicertersial of
the us Const,
PUBLIC CITIZEN LITIGATION GROUP
SUITE 700
2000 P STREET, N. W.
WASHINGTON. D. C. 20036
-
(202) 785-3704
HAND DELIVERED
September 23, 1985
Honorable Mark W. Cannon, Director
Commission on the Bicentennial of
the United States Constitution
United States Supreme Court
One First Street, NE
Washington, D.C. 20543
Dear Dr. Cannon:
I am writing you on behalf of Public Citizen, a non-profit
public interest organization headquartered in the District of
Columbia, concerning the operations of the Commission on the
Bicentennial of the United States Constitution (the "Commission").
I have reviewed the enabling legislation and familiarized myself
with those activities of the Commission that have been made public
to date. Based upon that review, I have reached the conclusion
that the Commission is a Federal Advisory Committee, as defined in
section 3 (2) of the Federal Advisory Committee Act, 5 U.S.C. App. I
("FACA"), because it was both established by statute and is being
utilized by the President and/or one or more federal agencies in
the interest of obtaining advice and/or recommendations. There-
fore, it is required to comply with the dictates of FACA --
principally by opening its meetings to the public -- and to make
its records generally available to the public under the Freedom of
Information Act, 5 U.S.C. § 552 (the "FOIA").
Accordingly, on behalf of Public Citizen, I hereby request
that the Commission immediately begin providing reasonable advance
notice of its meetings, including publication in the Federal
Register of the date of all its meetings, and that all future
meetings of the Commission be open to the public, unless closing
them is specifically authorized pursuant to section 10 (d) of FACA.
I also request, pursuant to the FOIA, that Public Citizen be
provided access to copies of all documents furnished to Commission
members or otherwise discussed in connection with the Commission's
two previously closed meetings.
It is our understanding that the Commission's next scheduled
meeting is in November, and that the Commission intends to close
that meeting to the public. Accordingly, unless we are advised
by the close of business on October 8, 1985, that the November
meeting of the Commission will be open to the public, we shall
consider this request to be denied and shall proceed accordingly.
Respectfully yours,
Alan B. Morrison
Counsel to Public Citizen
ABM/sm
THE WHITE HOUSE
WASHINGTON
September 23, 1985
Dear Miss Hahn:
Thank you for your letter of September 9 to the President,
and the accompanying enclosures. In your letter you
suggested that the Sunday or Saturday of Constitution Week
should be designated for commemoration and celebration of
the Constitution.
As you know, Congress has designated September 17 of each
year as Citizenship Day, and has designated the week of
September 17-23 of each year as Constitution Week, both in
honor of the Constitution. I am enclosing for your
information a copy of the proclamation issued by President
Reagan, proclaiming Citizenship Day and Constitution Week
for 1985.
It is our hope that the coming bicentennial of the
Constitution will cause all Americans to reflect on our
national blueprint for freedom, and the values it embodies.
Perhaps this 200th anniversary of the signing of the
Constitution in Philadelphia's Independence Hall will
provide the impetus to make Citizenship Day and Constitution
Week more widely observed by the public.
Some of the President's views on the bicentennial and the
Constitution may be found in an article he wrote for the
Fall 1984 edition of National Forum. In light of your
interest in the Constitution, I am enclosing a copy of that
issue, which was devoted entirely to the Constitution and
the upcoming bicentennial celebration.
I should also make you aware that Congress has established a
Commission on the Bicentennial of the U.S. Constitution, to
coordinate the national celebration. The President has
designated the Chief Justice to serve as Chairman of the
Commission.
- 2 -
Thank you for sharing your views on the Constitution with
us. We appreciate the time and effort you have taken.
Sincerely,
John Robert
John G. Roberts
Associate Counsel to the President
Miss Theora Pierce Hahn
44 Flint Avenue
Larchmont, NY 10538
345526
ID #
CU
WHITE HOUSE
HO017
CORRESPONDENCE TRACKING WORKSHEET
o - OUTGOING
H - INTERNAL
I - INCOMING
JR-der
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Theara Hahn
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
Request to designate the Sunday ar
saturday of constitution week for celebration
constitution and commemuration of the birthday of aur
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
crissell
ORIGINATOR
85,09,12
/ /
Referral Note:
crint 18
R
85,09,13
85/09/231R
Referral Note:
/
/
/ /
Referral Note:
/ /
/ /
Referral Note:
/ /
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A * Appropriate Action
- Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S. For Signature
F - Furnish Fact Sheet
X * Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response Initials of Signer
Code
II
"A"
Completion Date = Date of Outgoing
Comments: See ID 096182 fy
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
44 Flint Avenue
Larchmont, NY 10538
September 9, 1985
President Ronald Reagan
The White House
Washington, DC 20500
345526W
Dear Mr. President:
Our Declaration of Independence is celebrated on July Fourth, and our Flag is
honored on Flag Day, but our Constitution is not commemorated in any comparable way.
What attention our Constitution receives is often for selfish purposes. Although
Constitution Week and Citizenship Day were designated by an Act of Congress and
annual Presidential Proclamations, most of the media fail to print the latter or
acknowledge the former in any way. George Washington said of our Constitution:
"It is little short of a miracle; it is provided with more checks and barriers
against tyranny than any government hitherto instituted among mortals." Yet two
years before the Bicentennial of this remarkable Document it seems incredible that
most Americans are not aware of the significance of September 17th. Surely we
Americans can render a more fitting tribute to this birthday of our Constitution!
I can understand that there are economic problems in creating national holi-
days, especially on a weekday. However, no individuals or groups presently honored
are more deserving of special tribute than this Charter of Freedom. Mothers, fath-
ers, and grandparents are rightly honored on their Sundays. At the very least, we
should designate the Sunday or Saturday of Constitution Week (or both) for commem-
oration and celebration of this Guarantee of our Freedoms and the privilege of
American citizenship. We owe this to our remarkable Founders and Patriots, and
it should be established before the Bicentennial in 1987. This is non-partisan
cause in which all Americans can unite. However, with my lifelong admiration for
you, Mr. President, I do hope you will be the one to establish the annual commemor-
ation of this tremendous and miraculous event from our American Heritage, which has
influenced the world. In this Land of "Justice for all" let us give justice to this
Document of Justice and shine a beacon light on our Beacon Light. This Foundation
of our Freedoms is the channel through which our "Blessings of Liberty" flow.
Thank you for restoring a spirit of patriotism so urgently needed, and for
the wonderful achievements under your Administration. Your vision, valiant courage,
and spiritual strength continue to inspire millions of our citizens and others around
the world. My daily prayers continue with countless others for Divine Guidance and
His Healing Light for you and our gracious First Lady and family. In the words of
our Declaration of Independence: "with a firm reliance on the protection of Divine
Providence" may God bless you and all who are a part of your dedicated service to
America.
Gratefully and with loving wishes to you both,
Theora Hahn
(Miss) Theora Pierce Hahn
P.S. Enclosed are some quotations of famous Americans which I promised to add to
those of a similar letter of Aug. 17, 1982. A responsive phone call (from Faith
Whittlesey) and letter, and a copy of your Proclamation were deeply appreciated.
QUOTATIONS FROM FOUNDERS & OTHER FAMOUS AMERICANS
(Addenda to letter of September 9, 1985, by Theora Pierce Hahn)
THOMAS PAINE (in The American Crisis): "What we obtain too cheap we esteem too
lightly. Heaven knows how to put a proper price upon its goods, and it would be
strange, indeed, if so Celestial an article as Freedom should not be highly rated."
"A Constitution is not the act of a Government, but of a People constituting a
Government, and Government without a Constitution is Power without a Right."
JOHN ADAMS: "Posterity! You will never know how much it cost the present generation
to preserve your freedom! I hope you will make good use of it. If you do not,
I shall repent it in Heaven that I ever took half the pains to preserve it."
ABIGAIL ADAMS: "I know America is capable of anything she undertakes with spirit and
vigor."
GEORGE MASON: "Taking a retrospective view of what is past, we seem to have been
treading on enchanted ground."
BEN FRANKLIN (on the Constitution): "When you assemble a number of men to have the
advantage of their joint wisdom, you inevitably assemble all their prejudices,
passions, errors of opinion, local interests, and their selfish views. From such
an assembly can a perfect production be expected? It therefore astonishes me,
Sir, to find this System approaching so near to perfection as it does."
THOMAS JEFFERSON: "Yes, we did produce a near perfect Republic, but will they keep
it, or will they, in the enjoyment of plenty, lose the memory of freedom? Mater-
ial abundance without character is the surest way to destruction!"
"How little do my countrymen know what precious blessings they are in possession
of, and which no other people on earth enjoy."
"The God that gave us life gave us liberty. Can the liberties of a Nation be
secure when we have removed a conviction that these liberties are the gift of God?"
"That government is best that governs least."
WOODROW WILSON: "Liberty has never come from the government- the history of liberty
is the history of the limitation of government, not the increase of it."
GEORGE WASHINGTON: "There is nothing so likely to produce peace as to be well pre-
pared to meet the enemy."
JOHN JAY (Chief Justice): "God governs the world, and we have only to do our duty
wisely and leave the issue to Him."
BEN FRANKLIN: "To whom you betray your secret you sell your liberty."
DANIEL WEBSTER: "No man can suffer too much or fall too soon, if he suffer or fall
in the defense of the liberties and Constitution of his country."
"It is the people's Constitution, the people's Government; made for the people;
made by the people; and answerable to the people."
ABRAHAM LINCOLN: "In regard to the Great Book, I have only to say that it is the
best gift which God has given to man."
DANIEL WEBSTER: "Hold on, my friends, to the Constitution of the United States of
America and to the Republic for which it stands. Miracles do not cluster, and
what has happened once in 6000 years may never happen again. Hold on to your
Constitution, for if the American Constitution should fail, there will be
anarchy throughout the world."
ADDENDA
to letter of August 17, 1982
P.S. The N.Y. State Assemblyman for the 85th District, the llon. John M. Perone,
and N.Y. Senator, the lion. Alfonse D'Amato, have been kind enough to direct
this to your special attention, with my appreciation.
P.P.S. Larchmont (N.Y.) Bicentennial Art Projects
In December of 1975, it was a pleasure to present to our Chamber of Commerce
an idea for a project to create the atmosphere of Williamsburg- to emphasize
their arts, crafts, and skills of early American life- to honor their values
of work and their spirit of achievement. In those days craftsmen were "fined
for shoddy workmanship"! The creation of something beautiful was more im-
portant than profit. A revival of that attitude would help our Countly today.
Various Larchmont artists and craftsmen volunteered services, and by July
(1976) sixty-six beautiful "Pictorial Identity" signs graced the commercial
establishments in "Merchant's Square." Within this atmosphere, and before
our "Colonial Fair," two art collections were displayed to commemorate Con-
stitution Week. One of our committee, the extraordinary artist, Alton Tobey,
loaned us many of his paintings on the Revolutionary period, originally
painted for the "Golden Book Encyclopedia." As a member of the National
Society of Mural Painters, Mr. Tobey (whose murals enhance the MacArthur
Memorial) also arranged for an exhibit by this Society.
P.P.S. During these years of patriotic writing, I have collected many superb words
of wisdom by Founders, past Presidents, and other Patriots. Recalling your
excellent use of quotations in communications, I thought a few of these
"verbal nuggets" listed below might be of special value to you with current
issues pending. Americans need to hear these often forgotten yet timeless
thoughts. If you would be interested in additonal quotations, please let
me know to whom I should send this material.
JEFFERSON: "The principle of spending money to be paid by posterity- under
the name of funding- is but swindling futurity on a large scale."
D. WEBSTER: "God grants Liberty only to those who love it and are always ready
to guard and defend it."
J. MONROE: "There is a price tag on human liberty- that price is the willing-
ness to assume the responsibilities of being free men."
WASHINGTON: "To be prepared for war is one of the most effectual means of
preserving peace."
B. FRANKLIN (declared in the crisis of the Constitutional Convention when
problems seemed beyond solution): "I have lived, sir, a long
time, and the longer I live, the more convincing proofs I see
of this truth: that God governs in the affairs of men. And if
a sparrow cannot fall to the ground without Ilis notice, is it
probable that an empire can rise without His aid? I therefore
beg leave to move that henceforth prayers imploring the assist-
ance of Heaven, and its blessings on our deliberations, be held
in this Assembly every morning before we proceed to business,
and that one or more of the clergy of this city be requested
to officiate in that service."
JEFFERSON: "The republican is the only form of government which is not
eternally at open and secret war with the rights of mankind."
B. FRANKLIN: "Liberty will last just as long as the desire for Liberty burns
in the hearts of generations to follow as it burned in those
who created it."
T.P.H.
THE WHITE HOUSE
WASHINGTON
October 15, 1985
MEMORANDUM FOR RICHARD A. HAUSER
FROM:
JOHN G. ROBERTS DDR
SUBJECT:
Applicability of the Federal Advisory
Committee Act to the Commission on the
Bicentennial of the U.S. Constitution
We have, as you know, been provided a copy of the Public
Citizen complaint alleging that the Bicentennial Commission
is subject to, and not complying with, the Federal Advisory
Committee Act. A copy of my memorandum of August 16 on
these questions is attached. As I noted in that memorandum,
the questions are open to dispute, but I do not think it is
a dispute we should enter. The Commission did not ask for
our counsel before deciding to close its meetings, nor is it
clear that it would consider itself bound by our -- or any
Executive Branch -- legal advice. And, as I noted in my
memorandum, we have a real conflict in defending the
Commission, since the arguments we would make to defend
the inapplicability of FACA would simply highlight the
constitutional infirmities of the Commission itself.
349267
ID #
CU
WHITE HOUSE.
Jh002
Is
CORRESPONDENCE TRACKING WORKSHEET
o - OUTGOING
JR
H - INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
alan Marrison, Patti Daldman,
David Vladeck
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Public citizen V. commission on the
Becentennial of the US constitution
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code or YY/MM/DD
Response
Code
YY/MM/DD
CUHOM
ORIGINATOR 85,10 , 10
/ /
Referral Note:
cuat 04
I as 85110111
/ /
CUAT 18
Referral Note:
AI 085110111
/ /
Referral Note:
/
/
/ /
Referral Note:
/
/
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A"
Completion Date - Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
349267
PUBLIC CITIZEN
)
2000 P Street, N.W.
)
Washington D.C. 20036
)
(202) 293-9142
)
)
Plaintiff,
)
)
V.
)
Civil Action No.
)
COMMISSION ON THE BICENTENNIAL
)
OF THE UNITED STATES CONSTITUTION,
)
734 Jackson Place, N.W.
)
Washington D.C. 20503
)
(202) USA-1787
)
)
Defendant.
)
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
1. This action seeks declaratory and injunctive relief
under the Federal Advisory Committee Act ("FACA"), 5 U.S.C. App.
I, from defendant's refusal to provide reasonable advance
notice of its meetings and to open its meetings to the public,
and under both FACA and the Freedom of Information Act ("FOIA"),
5 U.S.C. § 552, from defendant's failure to provide plaintiff
access to certain of its records that plaintiff requested.
2. This Court has jurisdiction over this action pursuant
to 28 U.S.C. § 1331 and 5 U.S.C. § 552 (a) (4) (B)
PARTIES
3. Plaintiff Public Citizen is a non-profit public interest
organization which has been working since 1971 to increase
government accountability. Plaintiff is interested in following
the activities of defendant by attending its meetings and
reviewing its records.
4. Defendant Commission on the Bicentennial of the United
States Constitution (the "Commission") was established by Public
Law 98-101, 97 Stat. 719 (Sept. 29, 1983), for the purpose of
advising the President on the commemoration of the bicentennial
of the United States Constitution and on the coordination of
bicentennial and related activities. Three of its members are
designated in Public Law 98-101, twelve are appointed by the -
President from among recommendations made by the Speaker
of the House of Representatives, the President pro tempore of
the Senate, and the Chief Justice of the United States, and the
remaining eight are selected solely by the President.
FACTS
5. On July 29-30, 1985, the Commission held its first
meeting. The Commission failed to provide reasonable advance
notice of this meeting by either publishing a notice in the
Federal Register or providing some other public notice designed
to ensure that all interested persons would be notified of the
meeting. The meeting was not open to the public, and interested
persons were not permitted to attend the meeting.
6. On August 22-23, 1985, the Commission held its second
meeting. The Commission again failed to provide reasonable
advance notice of this meeting and did not open it to the
public.
7. The Commission plans to hold its next meeting on November
24-25, 1985, but has not provided any public notice of this
2
meeting and does not intend to open this meeting to the public.
8. On September 23, 1985, plaintiff hand delivered a letter
to defendant in which it requested that the Commission imme-
diately begin providing reasonable advance notice of its
meetings, and that all future meetings of the Commission be open
to the public, unless closing is specifically authorized pursuant
to section 10 (d) of FACA. By letter dated October 10, 1985,
defendant denied plaintiff's request, asserting that it is
-
not a federal advisory committee and hence is not required to
comply with FACA.
9. In its September 23 letter, plaintiff also requested
that it be provided access under the FOIA to all documents
furnished to Commission members or otherwise discussed in
connection with the Commission's two previously closed meetings.
In its October 10, 1985 response, defendant failed to comply with
this request as well.
COUNT ONE
10. The Commission is a federal advisory committee as that
term is defined in section 3 (2) of FACA, because it was
established by statute in the interest of obtaining advice
and/or recommendations for the President and/or one or more
federal agencies and is being utilized for that purpose.
11. Section 10 (a) of FACA provides that advisory committees
must furnish the public with reasonable notice of their meetings
and must open those meetings to the public, except in the
limited circumstances described in section 10 (d) of FACA, none of
3
which is applicable to the Commission's meetings.
12. Plaintiff seeks, and continues to seek, to attend and
observe these meetings, or to obtain transcripts of them, but
has been prevented from doing so because of defendant's refusal
to comply with the provisions of FACA. Unless the Court provides
plaintiff the relief that it seeks, the Commission will continue
to violate FACA by refusing to provide public notice of its
meetings and refusing to open them to the public.
COUNT TWO
13. Section 10 (b) of FACA, together with the FOIA, require
advisory committees, such as the Commission, to make their
records, transcripts, working papers, and other documents
available for public inspection, with certain exceptions, none of
which is applicable to these records.
14. More than ten working days have passed since defendant
received plaintiff's request for the records described in
paragraph 9, supra. In its October 10 response, defendant failed
to provide plaintiff access to the requested documents within the
time allowed by 5 U.S.C. § 552 (a) (6), and hence plaintiff has
exhausted its administrative remedies.
15. Unless the Court provides plaintiff the relief it
seeks, the Commission will continue to deny plaintiff access to
the requested records.
WHEREFORE, plaintiff prays that this Court enter an order:
(a) declaring that the Commission is a federal advisory
committee within the meaning of section 3 (2) of the Federal
4
Advisory Committee Act;
(b) preliminarily and permanently enjoining defendant from
convening any further meetings without fully complying with the
provisions of the Federal Advisory Committee Act, and
specifically requiring defendant to: (1) open its meetings to
the public except in the limited circumstances provided for in
section 10 (d) of the Federal Advisory Committee Act; and (2)
provide reasonable advance public notice of all future meetings;
(c) directing defendant to grant plaintiff access to the
records requested by it;
(d) awarding plaintiff its costs and disbursements,
including reasonable attorneys' fees; and
(e) granting plaintiff such other and further relief as may
be just and proper.
Respectfully submitted,
Patte A Golima
Patti A. Goldman*
alan R
Alan B. Morrison
T-dc. Vehicle
David C. Vladeck
Public Citizen Litigation Group
Suite 700
2000 P Street, N.W.
Washington D.C. 20036
(202) 785-3704
Attorneys for Plaintiff
October 10, 1985
* Not admitted in the District of Columbia
5
THE WHITE HOUSE
given
WASHINGTON
October 17, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DJR
SUBJECT:
Certificates for Judicial and Legislative
Branch Members of the Bicentennial Commission
Attached is a prototype of certificates we could issue to
the members of the judiciary and Congress who have been
appointed to the Bicentennial Commission. The certificates
are similar to those issued to appointees to quasi-govern-
mental corporations, such as the Corporation for Public
Broadcasting, Synfuels, and the Legal Services Board. The
explicit reference to the statute may be helpful in dis-
tinguishing both past and future cases, and also incorporates
by reference the peculiar appointment procedures of the
statute (appointees chosen from recommendations submitted by
the Chief Justice and the congressional leadership). I
think this approach is a good compromise between a commission
and either a letter or nothing.
Incidentally, the Chief Justice will not receive one of
these, because the President did not appoint him to the
Commission. The Chief was designated a member of the
Commission by the statute itself.
Should we process these?
Ys to / fn delay to
10/17
DATE
TERM
NAME
POL.
STATE
APPOINTED
EXPIRES
COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES CONSTITUTION (23)
Chief Justice of the United States, or his designee; (CHAIRMAN - by ORDER)
President pro tempore of the Senate, or his designee;
Speaker of the House of Representatives, or his designee; and
Twenty appointed by the President:
Eight without recommendation:
Frederick K. Biebel
R
Conn.
7/3/85
Betty Southard Murphy
R
Va.
7/3/85
Phyllis Schlafly
R
Ill.
7/3/85
Bernard H. Siegan
Calif.
7/3/85
Ronald H. Walker
R
Md.
7/3/85
Charles Alan Wright
R
Texas
7/3/85
E. V. Hill (Mr.)
R
Calif.
7/23/85
Four from among the recommendations made by the Speaker of the House of
Representatives (in consultation with the minority leader of the
House of Representatives):
*
Philip M. Crane,
R
Ill.
6/25/85 Press Release
U.S. Representative from the State of
Lynne Anne Vincent Cheney
R
Wyo.
7/3/85
William Joseph Green
D
Pa.
7/3/85
Thomas Henry 'Connor
D
Mass.
7/3/85
Four from among the recommendations made by the President pro tempore of
the Senate (in consultation with the majority leader and minority
leader of the Senate):
*
Theodore Fulton Stevens,
R
Alaska
6/25/85 Press Release
U.S. Senator from the State of
Harry McKinley Lightsey, Jr.
I
S.Car.
7/3/85
Edward P. Morgan
D
Md.
7/3/85
*
Edward Moore Kennedy,
D
Mass.
7/26/85- Release
U.S. Senator from the State of
Four upon recommendation of the Chief Justice:
*
Cornelia G. Kennedy,
Mich
6/25/85- Press Release
U.S. Circuit Judge for the Sixth Circuit
*
Charles E. Wiggins,
R
Calif.
6/25/85 Press Release
U.S. Circuit Judge for the Ninth Circuit
Herbert Brownell
R
N.Y.
7/3/85
Obert Clark Tanner
I
Utah
7/3/85
The Commission shall terminate on 12/31/89 - Members serve for the life of the
Commission - Names above prefaced with an asterisk
THE WHITE HOUSE
WASHINGTON
October 21, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DZR
SUBJECT:
KQED/ABA Bicentennial Project
You may recall that Fred Ryan's office asked for our views
last summer on a request from the ABA and public television
station KQED that the President videotape an introduction to
the television series on the Constitution being produced by
KQED and the ABA. By memorandum dated May 16, 1985, you
supported the request. The producers of the series, according
to Jean Jackson of Ryan's office, have now requested an
interview with the President for the body of the program.
Jackson has asked if we support that as well.
I think we should, for the same reasons detailed in our
memorandum of May 16. The President is of course not a
lawyer, and should not be expected to answer specific legal
questions about the Constitution, but he has led the Second
Branch and can provide interesting perspectives on the role
of the Chief Executive.
Jackson's request for our views was raised informally; if
you agree, I will tell her we have no objection to the
President being interviewed for this series.
Attachment
THE WHITE HOUSE
washington
June 25, 1985
MEMO FOR SHERRIE COOKSEY
FROM:
JEAN JACKSON
If you can read through all the
scribble on the attached, we have
learned that this group does not
need the the introduction until
next January.
However, in finding that out, they
mentioned that they would also like
for the President to do an interview
for the body of the program.
Do you support that request also?
RECEIVED
THE WHITE HOUSE
MAY 17 1985
WASHINGTON
SCHEDULING
OFFICE
May 16, 1985
MEMORANDUM FOR FREDERICK J. RYAN, JR.
DEPUTY ASSISTANT TO THE PRESIDENT
DIRECTOR, PRESIDENTIAL SCHEDULING
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Videotape Message Regarding ABA and
Bicentennial of the U.S. Constitution
You have asked for my views on whether the President should
tape an introduction to the planned comprehensive media
P ject "We the People," jointly sponsored by public tele-
V sion station KQED, Inc., and the American Bar Association.
#
e the People," centering on eight 60-minute television
programs, will explore the major themes of the Constitution
in commemoration of the bicentennial of its drafting.
I have no legal objection to the President taping an intro-
duction to the series, and recommend that he do so. It is
my view that the President should be as closely identified
as possible with the celebration of the bicentennial of the
Constitution. Such identification is not only entirely
appropriate as a general matter, but also provides an
opportunity for the President to articulate his views on the
onstitution and the system of government it established.
e celebration of the bicentennial is likely to occasion
irited and broad discussion about the nature of our
vernment, and the President should participate actively in
hat discussion.
The text of the President's introduction should focus on the
Constitution itself and the bicentennial rather than the
television programs. This office would be happy to partici-
pate in preparing the President's remarks.
tape in January an introduction
of plus an interview for body of program
Sr. Produce: David Kenard
Sr. Reporter: William TurNer
THE WHITE HOUSE
WASHINGTON
MEMORANDUM
May 13, 1985
TO:
FRED FIELDING
FROM: FREDERICK J. RYAN, JR., DIRECTOR
PRESIDENTIAL APPOINTMENTS AND SCHEDULING
SUBJ: REQUEST FOR SCHEDULING RECOMMENDATION
PLEASE PROVIDE YOUR RECOMMENDATION ON THE FOLLOWING
SCHEDULING REQUEST UNDER CONSIDERATION:
EVENT:
Video-tape message for a media project in connection with the
American Bar Association and the Bicentennial of the U.S.
Constitution.
DATE:
---
LOCATION:
The White House
BACKGROUND: See attached
YOUR RECOMMENDATION:
Accept
Regret
Surrogate
Message
Other
Priority
Routine
IF RECOMMENDATION IS TO ACCEPT, PLEASE CITE REASONS:
RESPONSE DUE 5/16/85
TO
JEAN APPLEBY JACKSON
THE WHITE HOUSE
WASHINGTON
Date:
5/4/85
TO:
FRED RYAN
FROM:
PAT BUCHANAN
Action
Comment
Let's Discuss
SCI ECULING
FYI
FICE
For your appropriate action. I
have no recommendation one way or
the other.
Peter D. Hannaford
655 Fifteenth Street. N.W.
Washington, D.C. 20005
202/638-4600
April 22, 1985
The Honorable
Pat Buchanan
Assistant to the President
The White House
Washington, D.C. 20500
Dear Pat,
The enclosed material comes from Bob Daggett, a senior partner
in Brobeck, Phleger & Harrison, a major San Francisco law firm,
and a friend of long standing (he was best man in our wedding).
He is working with the American Bar association on a media pro-
ject in connection with the Bicentennial of the U.S. Constitution
and is wondering if the President would be interested in taping
an introduction. I pass it on as an amicus curiae. If there
is interest in the project, I suggest you have someone contact
him direct. His telephone number is 415/434-0900.
442-0900
BarneyJ.
Sincerely,
PDH:aca
you
Enclosure
Director of Current affairs
500 8RST
SF 94103
The
prup
ntenni
old
People
We the
file
John
THE WHITE HOUSE
WASHINGTON
October 21, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS DZR
SUBJECT:
KQED/ABA Bicentennial Project
You may recall that Fred Ryan's office asked for our views
last summer on a request from the ABA and public television
station KQED that the President videotape an introduction to
the television series on the Constitution being produced by
KQED and the ABA. By memorandum dated May 16, 1985, you
supported the request. The producers of the series, according
to Jean Jackson of Ryan's office, have now requested an
interview with the President for the body of the program.
Jackson has asked if we support that as well.
I think we should, for the same reasons detailed in our
memorandum of May 16. The President is of course not a
lawyer, and should not be expected to answer specific legal
questions about the Constitution, but he has led the Second
Branch and can provide interesting perspectives on the role
of the Chief Executive.
Jackson's request for our views was raised informally; if
you agree, I will tell her we have no
President being interviewed for this
Attachment
- Can we negotite for
series. Shouldn't objection to we the prep him 7
patter of questes ?
U.S. Department of Justice
Cnil Division
Assistant Attorney General
Washington, D.C. 20530
OCT 21
TO : Ralph W. Tarr
FROM: RR Richard K. Willard
RE : Public Citizen V. Commission on
the Bicentennial of the U.S.
Constitution (D.D.C.)
Attached is a memo on the status of
the Commission as it pertains to this
litigation. Please let me know if you
concur with our proposed position.
CC: Carolyn Kuhl (with enclosure)
bc: John Roberts
Assistant Counsel to
the President
Memorandum
OF
OCT-1 1985
Subject
Date
OCT
Public Citizen V. Commission on the
DJA: CSorenson: baf
Bicentennial of the United States
Constitution, USDC DDC
Tel: 633-2809
To
From
Richard K. Willard
David J. Anderson
Acting Assistant Attorney General
Director
Civil Division
Federal Programs Branch
Civil Division
As you know, a lawsuit has been filed by the Public Citizen
Litigation Group against the Commission on the Bicentennial of
the United States Constitution, alleging violations of the
Freedom of Information Act (FOIA) and the Federal Advisory
Committee Act (FACA). An issue has arisen as to whether or not
the Commission is an executive agency subject to the FOIA.
Initially, Counsel for the Commission indicated that the
Commission believed it was subject to the FOIA, but asked that
we look into the question before the Commission responds to
plaintiff's FOIA request. We advised the Commission that we
would inform them of our position as soon as possible. After
reviewing the matter, including numerous Office of Legal Counsel
Memoranda relating to the status of the Commission, it would
appear that the Justice Department has consistently taken the
position that the Commission is an executive agency.
The Commission was established by Congress in 1983 "to
promote and coordinate activities to commemorate the bicenten-
nial of the Constitution." The Chairman is the Chief Justice of
the United States. In addition, by statute, the President pro
tempore of the Senate and the Speaker of the House or their
designees are members of the Commission. Twelve of the
remaining twenty members were to be appointed by the President
from nominations submitted by the Chief Justice, the President
pro tempore of the Senate, and the Speaker of the House, and
eight members were to be selected solely by the President.
As a result of this composition, questions were raised
during 1983 and 1984 as to the constitutionality of the
Commission under the Appointments and Incompatibility clauses of
the United States Constitution. In a series of OLC memoranda to
various White House and Congressional officials, the Justice
Department has essentially taken the position that because the
Commission has certain clearly executive functions it is an
agency within the Executive Branch of the Government, and the
individuals who perfom those duties must be executive officers
appointed by the President. Accordingly, OLC has indicated that
the composition and functions of the Committee would be
- 2 -
unconstitutional unless the executive duties of the Committee
are performed only by the members of the Commission appointed by
the President who are not members of Congress.
Although the constitutionality of the Commission is not
presently at issue in this case, the Department's position that
the Commission is within the Executive Branch would seem
determinative on the issue of the applicability of the FOIA to
the Commission. Moreover, by taking the position that the
Commission is an executive agency, it is likely that we will not
only avoid the potential constitutional issue relating to the
Commission's composition and status, but will strengthen our
FACA defense and eliminate the FOIA claim in this case.
Accordingly, with your concurrence we will advise the Commission
that it is subject to the FOIA, and that the Justice Department
will represent the Commission in this case.