Ithy - Evolution of Smithsonian Institution Governance

The Smithsonian Institution, a unique "trust instrumentality" of the United States, has a rich legal history shaped by acts of Congress, judicial decisions, and its own governing body, the Board of Regents. Established in 1846, its operational framework is guided by a Charter and a set of Bylaws. The question of whether these Bylaws have been amended or repealed since 1854 delves into the dynamic nature of the Institution's governance and its adaptation to changing times and mandates.

Key Insights into Smithsonian Bylaw Changes

Continuous Adaptation: The Smithsonian's Bylaws have been subject to amendments over time to reflect evolving operational needs, legal interpretations, and the expansion of the Institution.
Board of Regents Authority: The power to amend the Bylaws primarily rests with the Board of Regents, in accordance with the Smithsonian's Charter.
Congressional Influence: While the Board of Regents handles Bylaw amendments, acts of Congress establishing new museums, programs, or altering aspects of the Smithsonian's structure can necessitate changes or effectively repeal prior provisions.

The Foundational Legal Framework

The Smithsonian Institution was formally established by an Act of Congress on August 10, 1846 (9 Stat. 102). This act served as the foundational Charter, outlining the Institution's purpose "for the increase and diffusion of knowledge among men" and establishing the Board of Regents as its governing body. The Charter itself has been amended over the years by subsequent acts of Congress, and these changes often have implications for the Bylaws that govern the day-to-day operations and specific aspects of the Institution.

The Bylaws, adopted by the Board of Regents, operate in conjunction with and are subordinate to the Charter. They provide more detailed rules and procedures for the conduct of the Smithsonian's business, including the responsibilities of the Board, the election of officers, and the management of the Institution's various museums, research centers, and programs.

The Role of the Board of Regents

The Board of Regents is central to the governance of the Smithsonian. Composed of members including the Vice President, the Chief Justice, members of Congress, and citizen members, the Board is empowered by the Charter to adopt and amend the Bylaws. This allows for flexibility in adapting the Institution's internal rules to address administrative needs, respond to new challenges, or incorporate best practices in institutional governance.

Meetings of the Board of Regents provide a forum for discussing and approving proposed amendments to the Bylaws. The process typically involves presenting proposed changes to the Regents, followed by a vote. A majority vote of the Regents present at a meeting is generally required for amendments to be adopted, provided that prior notice of the proposed changes has been given.

Congressional Acts and Their Impact

While the Board of Regents amends the Bylaws, Congress retains ultimate authority over the Smithsonian through its power to amend the Charter and pass legislation affecting the Institution. Acts of Congress can establish new museums, as seen with the establishment of the National Museum of the American Latino and the National Women's History Museum, or direct the Institution to undertake specific initiatives. Such legislative actions may necessitate corresponding changes in the Bylaws or render previous Bylaw provisions obsolete or effectively repealed.

Smithsonian Institution Archives building

The Smithsonian Institution Archives, a repository of the Institution's history and legal documents.

Examples of Legislative Influence

Historically, Congress has passed various laws that have shaped the Smithsonian's structure and operations. For instance, laws regarding copyright deposit, the transfer of library materials to the Library of Congress, and the composition of the Board of Regents have all been enacted by Congress, influencing the framework within which the Bylaws operate.

Furthermore, specific legislative acts have repealed earlier provisions related to the Smithsonian. While the provided sources mention repeals of certain sections of the Revised Statutes related to the Smithsonian (like sections 5580 and 5581 concerning the Board of Regents and sections related to previous museum designations), these are often amendments or repeals of federal statutes that impact the Smithsonian's Charter or related laws, rather than direct repeals of the internal Bylaws themselves. However, these statutory changes would necessitate adjustments to the Bylaws to ensure consistency with federal law.

Amendments to the Bylaws Post-1854

Given the Smithsonian's growth and evolving role since 1854, it is highly probable that its Bylaws have been amended numerous times. While a comprehensive list of every single amendment post-1854 is not readily available in the provided sources, the existence of "By-Laws (As Amended)" documents and references to proposed amendments within Board of Regents meeting minutes confirm that changes have occurred.

Specific Areas of Potential Amendment

Based on the functions and legal standing of the Smithsonian, areas where Bylaw amendments would likely occur include:

Governance and Board Procedures: Changes to the composition or procedures of the Board of Regents, perhaps in response to statutory amendments or evolving governance best practices.
Operational Management: Adjustments to the internal rules governing the operations of museums, research centers, and administrative departments.
Collections Management: Policies related to the acquisition, deaccessioning, and ethical return of collections, as indicated by the adoption of a policy on ethical returns.
Financial Management: Rules concerning budgets, investments, and fundraising activities.
Personnel Matters: Policies related to employees, although many of these would also be governed by federal employment laws given that a significant portion of the workforce are federal employees.

Exhibits inside the Arts and Industries Building

The Arts and Industries Building, one of the historic structures within the Smithsonian complex.

Evidence of Amendment Processes

The provided sources reference the process for amending the Bylaws, stating that they "may be amended at any meeting of the Board of Regents by a majority vote of the Regents present, provided that the proposed amendments have been" properly presented. This indicates a formal process for enacting changes to the Bylaws.

Additionally, mentions of reviewing "proposed amendments to the bylaws of the Smithsonian" in meeting minutes further support the ongoing nature of Bylaw revisions.

The Concept of Repeal in the Context of Bylaws

While the term "amended" is frequently used in relation to the Smithsonian's Bylaws, "repealed" might apply more directly to sections of the federal statutes that form the Smithsonian's Charter or related laws. When a Bylaw is no longer deemed necessary or is superseded by a new policy or legal requirement, it is typically removed or replaced through the amendment process rather than a standalone "repeal" in the legislative sense.

However, a federal law that impacts an area covered by a Bylaw could effectively render that Bylaw provision moot or unenforceable, thus acting as a de facto repeal of the Bylaw's effect in that specific instance. For example, changes in copyright law by Congress would supersede any conflicting provisions within the Smithsonian's internal Bylaws regarding copyright deposit or usage.

Relationship Between Charter and Bylaws

It is crucial to understand that the Bylaws are subsidiary to the Charter. Any provision in the Bylaws that conflicts with the Charter or other applicable federal laws would be invalid. Therefore, amendments to the Charter by Congress automatically take precedence and may necessitate corresponding changes or the effective nullification of certain Bylaw provisions.

Recent Events and Potential Future Changes

Recent executive orders have highlighted the potential for significant changes impacting the Smithsonian Institution. Directives targeting funding for programs deemed to contain "improper ideology" and emphasizing the reinstatement of certain historical displays could lead to revisions in operational policies and potentially influence future amendments to the Bylaws to align with these directives, provided they are consistent with the Smithsonian's legal status and the intent of its Charter.

These events underscore the dynamic relationship between the executive branch, Congress, and the Smithsonian's governance structure, and how external pressures and policy shifts can influence the internal regulations of the Institution.

This video discusses a recent executive order impacting the Smithsonian Institution, illustrating how external factors can influence the Institution's direction and potentially its internal governance.

Summary of Bylaw Changes and Their Context

The Smithsonian Institution's Bylaws, which govern its internal operations and are adopted by the Board of Regents, have undoubtedly been amended since 1854. This is a natural part of the evolution of any large and complex organization, especially one with a unique status as a "trust instrumentality" of the U.S. government.

While direct repeals of Bylaws in isolation might be uncommon compared to amendments, changes in federal law or the Smithsonian's Charter enacted by Congress can effectively repeal or supersede Bylaw provisions. The power to amend the Bylaws rests with the Board of Regents, allowing the Institution to adapt its rules to changing circumstances and mandates.

Key Regulatory Instruments Affecting the Smithsonian

The following table summarizes the key legal and regulatory instruments that govern the Smithsonian Institution and how they relate to the Bylaws:

Instrument	Description	Relationship to Bylaws
Act of Congress (Charter)	Establishes the Smithsonian Institution and its core purpose.	Bylaws must be consistent with the Charter; Charter amendments supersede Bylaws.
Smithsonian Bylaws	Internal rules and procedures for the Institution's conduct of business.	Adopted and amended by the Board of Regents; subordinate to the Charter and federal law.
Federal Laws	Various statutes enacted by Congress affecting specific aspects of the Smithsonian (e.g., copyright, property, personnel).	Can necessitate Bylaw amendments or effectively repeal conflicting Bylaw provisions.
Board of Regents Policies	Specific policies adopted by the Board on various matters (e.g., collections, ethics).	Provide further guidance and may be reflected in or supplement the Bylaws.

Frequently Asked Questions

How are the Smithsonian's Bylaws amended?

The Smithsonian's Bylaws are amended by a majority vote of the Board of Regents present at a meeting, provided that proposed amendments have been appropriately presented beforehand.

Does Congress have a role in changing the Smithsonian's Bylaws?

While the Board of Regents directly amends the Bylaws, acts of Congress that amend the Smithsonian's Charter or pass laws affecting the Institution can necessitate changes to the Bylaws or render certain Bylaw provisions effectively repealed by superseding them.

Are the Smithsonian's Bylaws publicly available?

Yes, the approved Bylaws and Charter are typically made publicly available on the Smithsonian Institution's official website.

How does the Smithsonian's status as a "trust instrumentality" affect its legal framework?

As a "trust instrumentality," the Smithsonian is established by the U.S. government as a public trust. This status grants it certain immunities and a unique legal position within the federal landscape, meaning it is not always subject to the same laws and regulations as executive branch agencies, except where specifically mandated by Congress.