Abstract

This Article argues that the removal of the Librarian of Congress and the Register of Copyrights exposed a dual vulnerability: a constitutional breach of the separation of powers and a cultural threat to the nation’s knowledge infrastructure. The Library’s structural ambiguity—its simultaneous identity as a legislative library, national library, and copyright agency—has left it vulnerable to executive overreach. By asserting control over an institution designed to serve Congress and safeguard America’s intellectual heritage, the President destabilized a statutory framework that has endured for over two centuries. To protect both constitutional integrity and the Library’s role as custodian of national memory, Congress must act decisively to clarify and secure its independence. The Library of Congress now stands at a crossroads: without decisive congressional action, the erosion of its statutory independence threatens the constitutional balance of powers; the preservation of America’s cultural and intellectual heritage; and the future of public knowledge.

Part I explores the Library’s essential role in sustaining American democracy. Part II traces its historical development as national library, legislative library, and copyright agency, and its role in building the nation’s collection through mandatory deposit. Part III examines recent threats and challenges to these roles, including executive actions and litigation. Finally, Part IV proposes legislative reforms to resolve structural tensions and safeguard the Library’s ability to fulfill its vital mission in support of democracy.

This abstract was taken from the authors' introduction.

Document Type

Article

Publication Information

16 Seattle Journal of Technology, Environment, & Innovation Law 316-369 (2026)

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