Topic
Executive privilege
About: Executive privilege is a research topic. Over the lifetime, 153 publications have been published within this topic receiving 857 citations.
Papers published on a yearly basis
Papers
Book•
1 Sep 2002TL;DR: Rozell argues that executive privilege not only derives from the Constitution but, if prudently used, even supports the president's efforts in constructing and implementing policy as mentioned in this paper, and he also addresses the potential roles and influence of both the judiciary and Congress regarding executive privilege.
Abstract: An in-depth review of the historical exercise of executive privilege and an analysis of the proper scope and limits of presidential power. This second edition is updated to cover two more presidents of the USA and to show how both have revived the national debate over executive privilege. Mark Rozell seeks to take a balanced approach to a subject mired in controversy, providing both a historical overview of the doctrine and an explanation of its importance in the American political process. Exercised as far back as George Washington, executive privilege caught modern America's attention with Nixon's abuses of power. Although it is viewed by many as undemocratic - or even a "constitutional myth" -Rozell argues that executive privilege not only derives from the Constitution but, if prudently used, even supports the president's efforts in constructing and implementing policy. This edition features a new chapter on the Clinton and Bush presidencies, as well as textual revisions throughout that reflect the author's analysis of the proper scope of executive privilege, given the numerous secrecy controversies of the last decade of the 20th century. Rozell reviews Bill Clinton's resistance to numerous congressional and grand jury investigations and he assesses George W. Bush's proclivity for secrecy. Rozell explains how each of these presidents has sparked controversy over attempts to revive executive privilege - in the process doing significant damage to this constitutional principle. He also addresses the potential roles and influence of both the judiciary and Congress regarding executive privilege. Rozell continues to stress the legitimate role of executing privilege and looks to the day when a president can use it without embarrassment.
65 citations
Book•
26 Feb 2002
TL;DR: In the early days of the United States, the conflict between Thomas Jefferson and John Marshall as mentioned in this paper over the power of the presidency and the independence of the judiciary was the most decisive confrontation between a president and a chief justice in American history.
Abstract: "What Kind of Nation" is a riveting account of the bitter and protracted struggle between two titans of the early republic over the power of the presidency and the independence of the judiciary. The clash between fellow Virginians (and second cousins) Thomas Jefferson and John Marshall remains the most decisive confrontation between a president and a chief justice in American history. Fought in private as well as in full public view, their struggle defined basic constitutional relationships in the early days of the republic and resonates still in debates over the role of the federal government vis-a-vis the states and the authority of the Supreme Court to interpret laws. Jefferson was a strong advocate of states' rights who distrusted the power of the federal government. He believed that the Constitution defined federal authority narrowly and left most governmental powers to the states. He was suspicious of the Federalist-dominated Supreme Court, whose members he viewed as partisan promoters of their political views at the expense of Jefferson's Republicans. When he became president, Jefferson attempted to correct the Court's bias by appointing Republicans to the Court. He also supported an unsuccessful impeachment of Federalist Supreme Court Justice Samuel Chase. Marshall believed in a strong federal government and was convinced that an independent judiciary offered the best protection for the Constitution and the nation. After he was appointed by Federalist President John Adams to be chief justice in 1801 (only a few weeks before Jefferson succeeded Adams), he issued one far-reaching opinion after another. Beginning with the landmark decision "Marbury v. Madison" in1803, and through many cases involving states' rights, impeachment, treason, and executive privilege, Marshall established the Court as the final arbiter of the Constitution and the authoritative voice for the constitutional supremacy of the federal government over the states. As Marshall's views prevailed, Jefferson became increasingly bitter, certain that the Court was suffocating the popular will. But Marshall's carefully reasoned rulings endowed the Court with constitutional authority even as they expanded the power of the federal government, paving the way for later Court decisions sanctioning many pivotal laws of the modern era, such as those of the New Deal, the Great Society, and the Civil Rights Act of 1964. In a fascinating description of the treason trial of Jefferson's former vice president, Aaron Burr, James F. Simon shows how Marshall rebuffed President Jefferson's claim of executive privilege. That decision served as precedent for a modern Supreme Court ruling rejecting President Nixon's claim that he did not have to hand over the Watergate tapes. More than 150 years after Jefferson's and Marshall's deaths, their words and achievements still reverberate in constitutional debate and political battle. "What Kind of Nation" is a dramatic rendering of a bitter struggle between two shrewd politicians and powerful statesmen that helped create a "United" States.
59 citations
Book•
1 Jan 1974TL;DR: In this article, the historical bases of modern claims of executive privilege and the dangers of executive secrecy are challenged and challenged by the authors of this paper. But they do not address the issues raised here.
Abstract: Challenges the historical bases of modern claims of executive privilege and cites the dangers of executive secrecy.
38 citations
1 Jan 2010
TL;DR: In this paper, Bessette and Tulis present a survey of the history of the presidency in the United States, focusing on the role of the office of the Presidency in the American political system.
Abstract: Preface Introduction to the Transaction Edition (2010) Part One-Foundations I The Constitution, Politics, and the Presidency Joseph M. Bessette and Jeffrey Tulis II The Madisonian Presidency Ruth Weissbourd Grant and Stephen Grant III Hamilton's Administrative Republic and the American Presidency Harvey Flaumenhaft Part Two-Contemporary Issues IV The War Powers Resolution and the War Powers Robert Scigliano V Executive Privilege: Presidential Power to Withhold Information from Congress Gary J. Schmitt VI The Congressional Veto and the Constitutional Separation of Powers Murray Dry VII Presidential Selection James Ceaser VIII On Presidential Character Jeffrey Tulis IX The Ambivalence of Executive Power Harvey C. Mansfield, Jr. Appendix A: Constitutional Provisions Relating to the Presidency Appendix B: Two Texts on How to Study the Presidency in the Constitutional Order, by Herbert J. Storing Contributors Index
37 citations
Book•
1 Jan 2000
TL;DR: The Clinton Presidency and the Politics of ScandalMark J. Rozell "Below the Law"?David A. Yalof and Joel B. Pfiffner Contributors.
Abstract: Introduction The Clinton Presidency and the Politics of ScandalMark J. Rozell and Clyde Wilcox Institutional Perspectives The Presidency: The Clinton Crisis and Its ConsequencesRobert J. Spitzer The Congress: The Politics of ImpeachmentThomas A. Kazee The Courts: The Perils fo PaulaKaren O'Connor and John R. Hermann The Independent Counsel StatuteLouis Fisher Executive Privilege in the Clinton ScandalMark J. Rozell "Below the Law"?David A. Yalof and Joel B. Grossman Scandal Time: The Clinton Impeachment and the Distraction fo American PoliticsPaul J. Quirk The Impeachment and Acquittal of William Jefferson ClintonMichael J. Gerhardt Political Perspectives Public Opinion: The Paradoxes of Clinton's PopularityMolly W. Andolina and Clyde Wilcox The Media: The New Media and the Lure of the Clinton ScandalJohn Anthony Maltese Presidential Personality: The Clinton LegacyStephen J. Wayne Presidential Character: Multidimensional or Seamless?James P. Pfiffner ContributorsIndex
24 citations
Related Topics (5)
Performance Metrics
| Year | Papers |
|---|---|
| 2020 | 4 |
| 2019 | 2 |
| 2018 | 3 |
| 2016 | 3 |
| 2015 | 3 |
| 2014 | 2 |