Executive Privilege
Executive Privilege, refers to the right of the executive branch to withhold information from Congress or the judiciary. Although presidents and executive cabinet members often assert a right to executive privilege, this right does not explicitly appear within the text of the U.S. Constitution. Nevertheless, members of the executive branch have claimed that executive privilege is an implied power under Article II and that it is consistent with the principle of SEPARATION OF POWERS.
The first assertions of executive privilege occurred during the presidency of George Washington. In 1792 the House of Representatives requested information from the Washington administration concerning the military defeat of Major General Arthur St. Clair. Even though the Washington administration did give the requested papers to the House, Washington asserted he had the right to refuse to disclose information that would be harmful to the public. Thus even though Washington cooperated, he set the precedent that at certain times presidents could withhold information.
In 1796 Washington refused to provide the House with requested information concerning the Jay Treaty, pointing out that the House does not play a constitutional role in the treaty-making process. Washington noted, however, that if the House had requested information concerning an impeachment, he would be required to supply such information to the House because of its constitutional responsibilities in the impeachment process.
The federal judiciary had its first opportunity to offer its understanding of executive privilege in United States v. Burr (1807). The case raised the question of whether or not a federal court could require the president to hand over documents to be used in a trial, that is, issue a subpoena. Chief Justice John Marshall ruled that federal courts had the right to issue subpoenas to presidents.
Even though the judiciary recognized that the executive branch is not above the law, Supreme Court justices noted in United States v. Reynolds (1953) that presidents might be able to withhold from the public information concerning military and foreign relations to protect national security. However, the Court believed a president did not possess an absolute right to executive privilege simply through the claim that national security interests were at stake.
The limited nature of executive privilege was expressed again in the landmark case of United States v. Nixon (1974). President Richard Nixon refused to comply with a subpoena requiring him to hand over to a federal court audiotapes that were believed to offer evidence on the executive branch's alleged involvement in the 1972 WATERGATE break-in. Nixon argued that he had the right to withhold the material to protect the privacy of his communications with his advisers. In a unanimous opinion the Supreme Court recognized that a constitutional right to executive privilege did exist. However, the Court rejected Nixon's claims and required him to produce the tapes for evidence in the investigation. Chief Justice Warren Burger explained that the president was entitled to great deference, particularly on issues of national security. Nonetheless, he emphasized that such deference was conditional and dependent on circumstance. While Nixon argued separation of powers allowed for executive privilege, the justices noted that the system of checks and balances prohibited any absolute claims of executive privilege.
http://www.answers.com/topic/executive-privilege
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
