Document Type

Blog Post

Publication Date

1-23-2026

Abstract

On August 10, 1846, President James K. Polk signed legislation establishing the Smithsonian Institution, created from the bequest of British scientist James Smithson, as “an establishment for the increase and diffusion of knowledge.” Structurally, the Smithsonian occupies a unique legal status as a trust instrumentality of the United States: it is governed by a Board of Regents and a Secretary, is separate and distinct from governmental branches of the national government, and holds no regulatory authority beyond its own premises.  While courts have held that it is not a governmental agency, it shares immunity from state and local regulation and enjoys sovereign immunity from lawsuits absent congressional waiver.  The Smithsonian operates with both federal appropriations and private funding, but functions as a single legal entity.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on January 23, 2026. The original post can be accessed via the Archived Link button above.

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