preview

The United States ' Presidency And Executive Privilege Essay

Decent Essays
Open Document

The United States’ Presidency and Executive Privilege Throughout American history, after the establishment of the U.S. Constitution, the validity of executive privilege has been questioned in federal courts and among legal scholars on countless occasions. According to Merriam-Webster, executive privilege entails, “exemption from legally enforced disclosure of communications within the executive branch of government when such disclosure would adversely affect the functions and decision-making processes of the executive branch” (Merriam-Webster). In other words, executive privilege is the notion that the President is exempt from having to give evidence or disclose information to congressional hearings or to judicial inquiries. Executive privilege also typically includes immunity from legal disputes involving the presidency. Although not officially referred to as “executive privilege” until Eisenhower’s presidency, the first argument of executive privilege or immunity took place during George Washington’s presidency (The Constitution and Executive Privilege). Claiming executive privilege has been a common occurrence throughout all U.S. presidencies and continuing with President Obama. Those who argue against the legitimacy of executive privilege use the reasoning that it is not constitutional because it is not explicitly mentioned in the Constitution and interrupts the separation of powers. On the other hand, many legal scholars assert that executive privilege is necessary for

Get Access