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Executive Privilege

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Executive Privilege
Executive Privilege | | | |
Virginia Commonwealth University
November 14, 2012 | |

In the past, the power of executive privilege has been used by Presidents to conceal information that has to do with foreign affairs and negotiations, military, national security issues as well as deliberations and policy making that is done between the President and his top aides. This power is only used when Congress asks the President or one of his top aides to produce all of the information pertaining to an event or situation. If the President then feels that parts of this information needs to be kept secret to protect the best interest of the public, or the other issues listed previously, then he will use executive privilege in order to not give that information to Congress. A huge part of executive privilege is to protect the deliberations and advice given by the President’s aides. When the President’s advisors give him advice, they need to be able to give him the best advice possible and if there is a chance that everything they said could be made public. For instance if the President and advisors are discussing what needs to be done in relation to a foreign power and one suggests to nuke them, one suggests a covert attack and one suggests a peaceful resolution. If the final decision is a peaceful resolution, and Congress asks for all of the information on the subject, then the President should use executive privilege to keep those other possible outcomes from going public, both to keep the public from getting out of control or uneasy and to keep the other country from finding out the other options and retaliating. This power ensures that the President’s advisors can be completely honest and say what needs to be said without being worried about their words being taken the wrong way or too harsh or hurt their image. A big argument for those against executive privilege is that there is nothing in the constitution about it even though there is something



References: Baker, Peter, and Susan Schmidt. "Washingtonpost.com Special Report: Clinton Accused." Washington Post: Breaking News, World, US, DC News & Analysis. N.p., 6 May 1998. Web. 8 Nov. 2012. http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr050698. Hamilton, Alexander, and John C. Hamilton. The works of Alexander Hamilton comprising his correspondence, and his political and official writings, exclusive of the Federalist, civil and military. New York: J.F. Trow, 1851. Print. Richardson, James D.. A compilation of the messages and papers of the presidents. New York: Bureau of national literature, 1897. Print. Silverleib, Alan. "House holds Holder in contempt - CNN.com." CNN.com - Breaking News, U.S., World, Weather, Entertainment & Video News. N.p., 29 May 2012. Web. 5 Nov. 2012. http://www.cnn.com/2012/06/28/politics/holder-contempt/index.html. United States v. Nixon, 418 U.S. 683 (1974) (Justice Burger Opinion of the Court) United States Constitution, 1789

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