What is Executive Privilege?

Executive privilege is the right of the president and other members of the executive branch of the United States government to withhold information from Congress, the courts, and the public. This right has been claimed by many presidents since the inception of the office. It is rooted in the president’s constitutional powers as chief executive and commander in chief, as well as in the separation of powers between the different branches of government. Most famously, President Richard Nixon famously tried unsuccessfully to invoke executive privilege when faced with a Congressional subpoena during the Watergate scandal.

The Constitutional Source of Executive Privilege

The principle of executive privilege is based on the concept of separation of powers and checks and balances within the United States government. The president is the head of the executive branch of the federal government and is given the responsibility to oversee and direct the workings of the government. However, the other two branches, the legislative and judicial branches, must also be able to do their jobs without interference from the president or executive branch. This is where executive privilege can be used to protect the president and executive branch from inappropriate disclosure of confidential information.

Testing the Limits of Executive Privilege

One of the most famous situations in which executive privilege was tested was during the Watergate scandal. President Richard Nixon attempted to assert the right not to comply with a Congressional subpoena to provide documents and other materials related to his involvement in the scandal. The matter was taken all the way to the Supreme Court, where the court ruled that the president is not immune to the judicial process, and that executive privilege could not be used to shield documents related to criminal behavior. This case established an important precedent regarding the limits of executive privilege and its ability to shield the president and executive branch from scrutiny.

In conclusion, executive privilege is an important tool used by the president and executive branch of the United States government to maintain their autonomy from the legislative and judicial branches. It is rooted in the constitutional principle of separation of powers and is a necessary component of the checks and balances system of government. However, as the Watergate scandal showed, the president must use executive privilege responsibly and understand the limits it imposes to ensure he is not unduly shielding himself or the executive branch from accountable government.