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Executive Privilege
Demonstrates that the presidential claim of authority to withhold information is without historical or constitutional foundation.
Executive Privilege
Drawing on White House and congressional documents as well as on personal interviews, Mark Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process. He argues for a return to a pre-Watergate understanding of the role of executive privilege.
The Politics of Executive Privilege
For over 200 years, Congress and the President have locked horns on an issue that will not, and cannot go away: legislative access to executive branch information. Presidents and their advisers often claim that the sought-for information is covered by the doctrine of executive privilege and other principles that protect confidentiality among presidential advisers. For its part, Congress will articulate persuasive reasons why legislative access is crucial. In terms of constitutional principles, these battles are largely a standoff, and court decisions in this area are interesting but hardly dispositive. What usually breaks the deadlock is a political decision: the determination of lawmakers t...
The Unitary Executive Theory
“I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.” Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of “the unitary executive theory.” This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president’s executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution. In their account of the rise of unitary executive theory over the last several decades, the...
Presidential Privilege and the Freedom of Information Act
The Freedom of Information Act, developed at the height of the Cold War, highlighted the power struggles between Congress and the president in that tumultuous era. By drawing on previously unseen primary source material and exhaustive archival research, this text reveals the largely untold and fascinating narrative of the development of the FOIA, and demonstrates how this single policy issue transformed presidential behaviour. The author explores the policy's lasting influence on the politics surrounding contemporary debates on government secrecy, public records and the public's 'right to know', and examines the modern development and use of 'executive privilege'.
Madison's Nightmare
The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents e...
