key term - Executive privilege

Definition

Executive privilege is the power of the President and other members of the executive branch to withhold information from Congress, the courts, and the public. This privilege is rooted in the need for confidentiality in the executive branch's decision-making process, enabling effective governance while also balancing transparency and accountability.

5 Must Know Facts For Your Next Test

1. Executive privilege has been recognized as an implied constitutional power that allows the President to refuse to disclose certain information.
2. The Supreme Court has upheld the concept of executive privilege, but it is not absolute and can be challenged in legal settings.
3. Presidents may invoke executive privilege during congressional investigations or legal proceedings to protect sensitive communications.
4. The balance between executive privilege and congressional oversight is crucial in maintaining checks and balances within government.
5. Cases like United States v. Nixon established that executive privilege cannot be used to prevent evidence in criminal cases.

Review Questions

• How does executive privilege affect the relationship between the executive branch and Congress?
  • Executive privilege can significantly strain the relationship between the executive branch and Congress by limiting Congress's ability to conduct oversight and investigations. When a president asserts this privilege, it can hinder transparency and accountability, leading to conflicts over the scope and limits of legislative inquiry. This tension is particularly evident during investigations where Congress seeks information that may be protected by executive privilege.
• Discuss a notable Supreme Court case that addressed executive privilege and its implications on presidential power.
  • In United States v. Nixon (1974), the Supreme Court ruled that while executive privilege is a legitimate constitutional power, it is not absolute. The case arose during the Watergate scandal when President Nixon refused to release tape recordings on grounds of executive privilege. The Court held that the need for evidence in a criminal trial outweighed Nixon's claim to privilege, establishing a precedent that executive privilege cannot obstruct justice. This ruling underscored that presidential power must be balanced against judicial needs.
• Evaluate how contemporary issues, such as national security, influence the application of executive privilege in the 21st century.
  • In the 21st century, national security concerns increasingly shape how executive privilege is invoked by presidents. Leaders may use this privilege to protect sensitive information related to military operations or intelligence activities, claiming that disclosure could compromise national interests. However, this raises questions about transparency and accountability in governance, especially when such claims are scrutinized by Congress or challenged in court. The evolving interpretation of executive privilege reflects ongoing tensions between safeguarding national security and maintaining democratic principles.

Related terms

separation of powers: The principle that divides government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.

impeachment: A formal process in which an official is accused of unlawful activity, potentially leading to their removal from office.

national security:

A concept that involves the protection of a nation from external and internal threats, often used to justify the withholding of certain information.