Executive privilege

Executive privilege is the practice by which the executive branch of the United States government claims the right to withhold certain confidential documents, transcripts, acts, or other matters from the public or other branches of government. Though executive privilege is not directly stated in the United States Constitution, it is inferred from Article II. It also has a longstanding legal precedent and was in use during the first presidency of the United States.

Executive privilege applies specifically to extremely sensitive information and is most commonly used in regard to matters of national security, diplomacy, and confidential conversations that take place within the White House. Without these protections, individuals surrounding the president might be less willing to give their honest opinions out of fear they would be scrutinized by Congress and the public. Executive privilege may not be used to interfere with criminal investigations or to hide evidence of illegal acts.

Background

The government of the United States is split into three parts: the legislative branch, the judicial branch, and the executive branch. The legislative branch is composed of both houses of Congress. It is responsible for writing the laws that govern the nation. The judicial branch is composed of the federal court system. It is responsible for interpreting the laws written by the legislative branch.

The executive branch of the government is chiefly responsible for the enforcement of laws throughout the United States. However, it is also responsible for many other tasks. These tasks are carried out by the numerous parts of the executive branch.

The most prominent part of the executive branch is the president of the United States. The president is elected by the electoral college, which is designed primarily to carry forth the votes of the people in each state. The president has the ability to veto bills passed by Congress, forcing Congress to arrange a supermajority in order to override the veto. They can also create temporary law through executive orders, act as commander in chief of the military, appoint people to federal offices, and set foreign policy. For these reasons, the office of the presidency is extremely powerful.

In addition to the presidency, the executive branch includes many governmental and nongovernmental agencies. These agencies are responsible for ensuring that the laws of the nation are carried out in an efficient manner. They may also be responsible for national security, environmental health, and international relations. Some of these agencies include the Central Intelligence Agency, the Federal Bureau of Investigation, and the National Security Agency.

Each branch of the United States Government is designed to act as a balance to the others. If one branch begins to grow disproportionately powerful, the other two branches have mechanisms to curtail that power. For example, Congress retains the ability to pass or deny the national budget. Should the president make demands the Congress believes are unacceptable, Congress might refuse to fund the president’s programs in the budget.

Overview

Executive privilege is a power specific to the executive branch of the United States. It refers to the power of the president to keep certain matters of great importance secret from the legislative branch, the judicial branch, and the general public. Executive privilege is not directly included in the Constitution of the United States. Instead, it is one of many powers that legal experts and historians have implied from the Constitution. Specifically, executive privilege is implied from Article II, which refers to the separation of powers across the branches of the US government. Legal experts and politicians have argued since the founding of the United States that in order to maintain a balance of power, the president must be able to plan, strategize, and seek advice without being directly supervised by Congress.

Politicians worried that constant supervision would result in significant harm to the executive branch. Though supervision would not legally restrict the words or actions of the people surrounding the president, it would lead to a reduction in dialogue because of a fear of consequences. People would be less likely to give the president their honest opinions, as they may fear those opinions would be attacked by Congress or the public. This would make it more difficult for the president to secure genuine, useful advice from experts and the leaders on their staff.

Executive privilege does not allow the president to deny most information to Congress. It applies only to information that is particularly important to the executive branch or information that could be damaging to the nation if it was released. This typically applies to confidential matters within the White House and matters of national security. After President Richard Nixon attempted to use executive privilege to hide evidence of wrongdoing during the Watergate scandal of the 1970s, it was established that the practice may not be used to provide protection from criminal investigations.

Though it was not named at the time, executive privilege was first utilized by President George Washington. In 1798, Congress demanded documents related to a failed military campaign against Native Americans. At the time, Washington argued that he was not required to give Congress the documents. He argued that the documents were related to national security, and thus it was in the best interests of the nation that they remain exclusive to the executive branch.

The term “executive privilege” was first coined by President Dwight Eisenhower. At the time, the nation was deep in the Cold War, and many members of the American public were heavily concerned about potential communists living in America. President Eisenhower used executive privilege forty-four times, many of which were intended to stop Senator Joseph McCarthy from prying into the President’s cabinet appointments by investigating them for ties to communism.

Bibliography

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“Executive Privilege.” Cornell University, 2021, www.law.cornell.edu/wex/executive‗privilege. Accessed 7 Dec. 2021.

Savage, Charlie. “Trump’s Claim of Executive Privilege in the Jan. 6 Inquiry, Explained.” The New York Times, 2021, www.nytimes.com/2021/10/19/us/politics/trump-executive-privilege.html. Accessed 7 Dec. 2021.

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“What Is Executive Privilege?” The Economist, 10 Nov. 2021, www.economist.com/the-economist-explains/2021/11/10/what-is-executive-privilege. Accessed 7 Dec. 2021.

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Wolf, Zachary. “What Is Executive Privilege? Does a Former President Still Get It?” CNN, 14 Oct. 2021, www.cnn.com/2021/10/14/politics/what-is-executive-privilege-what-matters/index.html. Accessed 7 Dec. 2021.