Executive Privilege

Written By Jonathan Milner

Definition

The power to keep executive communications confidential, especially as they relate to national security. The doctrine of executive privilege defines the authority of the President to withhold documents or information in his possession or in the possession of the Executive Branch from the Legislative or Judicial Branch of the government. While the Constitution does not expressly confer upon the Executive Branch any such privilege, the Supreme Court has held that executive privilege derives from the constitutional separation of powers and from a necessary and proper concept respecting the carrying out of the duties of the presidency imposed by the Constitution. Although there are various and distinct components to executive privilege, the privilege’s foundation lies in the proposition that in making judgments and reaching decisions, the President and his advisors must be free to discuss issues candidly, express opinions, and explore options without fear that those deliberations will later be made public.Presidents can claim executive privilege to withhold documents or to prevent members of the executive branch from testifying in order to protect their communications. The reasoning goes that the president’s advisers must be able to offer advice freely and without fear of censure. But that doesn’t always hold up in court — just ask Richard Nixon, whose attempts to withhold audiotaped recordings connected to the Watergate scandal were blocked by the Supreme Court. Or Bill Clinton, who tried to dodge testimony about Monica Lewinsky and was overruled by the courts.

 
 

Questions

  1. Translate the executive privilege into plain English.

  2. Is executive privilege a good idea?

  3. When a president invokes executive privilege, what institution are they trying to keep information from?

  4. What other institution gets to decide if the president may withhold information?

  5. Do you believe presidents should be able to invoke executive privilege to withhold information from Congress?

  6. How has executive privilege been used in recent U.S. history?

  7. How do you think the Framers would think about the current use of executive privilege?

  8. What emoji does the best job of representing the meaning of the executive privilege?

  9. What emoji does not do a good job of representing the executive privilege at all but is still really cool?

  10. Do you think there should be legislative privilege?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw the Executive Privilege! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

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Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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