Executive Privilege

Definition

Executive privilege is the power claimed by the president of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government. It is based on the idea that the president and other high-ranking officials require a degree of confidentiality to effectively carry out their duties.

5 Must Know Facts For Your Next Test

1. Executive privilege was first invoked by President George Washington to withhold documents from Congress related to the Jay Treaty negotiations.
2. The Supreme Court has recognized the existence of executive privilege, but has also ruled that it is not an absolute right and must be balanced against other constitutional principles.
3. During the Watergate scandal, President Nixon attempted to use executive privilege to withhold tape recordings and other evidence from Congress and the special prosecutor, which ultimately led to his resignation.
4. The scope of executive privilege has been debated, with some arguing it should only apply to communications directly involving the president, while others believe it extends to a wider range of executive branch communications.
5. Subsequent presidents have continued to assert executive privilege, though the specific circumstances and justifications have varied.

Review Questions

• Explain the role of executive privilege in the context of the Watergate scandal and how it impacted the investigation.
  • During the Watergate scandal, President Nixon attempted to use executive privilege to withhold tape recordings and other evidence from Congress and the special prosecutor investigating the break-in and cover-up. Nixon argued that the confidentiality of presidential communications was essential for the effective functioning of the executive branch. However, the Supreme Court ultimately ruled that executive privilege was not an absolute right and had to be balanced against the need for the president to be accountable to the other branches of government. Nixon's repeated invocation of executive privilege was seen as an abuse of power and contributed to the erosion of public trust, ultimately leading to his resignation.
• Analyze the relationship between executive privilege and the system of checks and balances in the US government.
  • The concept of executive privilege is in tension with the system of checks and balances that is fundamental to the US government. While the president and executive branch require a degree of confidentiality to effectively carry out their duties, the legislative and judicial branches have a responsibility to provide oversight and hold the executive accountable. The Supreme Court has recognized that executive privilege is not absolute and must be balanced against other constitutional principles, such as the need for transparency and the ability of Congress to perform its investigative and legislative functions. The Watergate scandal demonstrated how the abuse of executive privilege can undermine the system of checks and balances and erode public trust in the government.
• Evaluate the long-term implications of the Watergate scandal and the assertion of executive privilege on the balance of power between the branches of government.
  • The Watergate scandal and President Nixon's abuse of executive privilege had significant long-term implications for the balance of power between the branches of government. The Supreme Court's rulings that executive privilege is not absolute and must be balanced against other constitutional principles weakened the executive branch's ability to unilaterally withhold information from Congress and the courts. This strengthened the system of checks and balances, as the legislative and judicial branches gained more tools to oversee and constrain the executive branch. However, subsequent presidents have continued to assert executive privilege, leading to ongoing debates about its scope and application. The legacy of Watergate has been a more vigilant Congress and judiciary, more willing to challenge executive power and demand transparency, which has shaped the dynamic between the branches of government in the decades since.

Related terms

Separation of Powers:

The division of government into three branches - executive, legislative, and judicial - with each having distinct powers and responsibilities to prevent any one branch from becoming too powerful.

Checks and Balances:

A system in which each branch of government has the ability to limit the power of the other branches, creating a system of mutual accountability.

Watergate Scandal:

A major US political scandal in the 1970s involving the Nixon administration's abuse of presidential power and subsequent cover-up, leading to Nixon's resignation.