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Making Executive Privilege Work: A Multi-Factor Test In An Age Of Czars And Congressional Oversight , Kenneth A. Klukowski
Making Executive Privilege Work: A Multi-Factor Test In An Age Of Czars And Congressional Oversight , Kenneth A. Klukowski
Cleveland State Law Review
This Article begins in Part II by exploring a recent executive privilege case between the White House and Congress. Part III then explains the constitutional rationale for executive privilege by surveying the tension between Congress's Article I powers and the President's Article II powers. Part IV then explains modern executive privilege doctrine and the different forms of executive privilege, and also proposes a new multi-factor analysis to be incorporated into the current test. Part V moreover explains why the courts should reject both branches' arguments on these issues in favor of a third approach. Part VI then ends with the …
Executive Privilege: Rhyme Without Reason, Stephen W. Gard
Executive Privilege: Rhyme Without Reason, Stephen W. Gard
Stephen W. Gard
This Article will examine the validity of a presidential claim of executive privilege when exercised against a congressional inquiry by analyzing positions previously taken by proponents of executive privilege. First, the historical usage theory, often cited as a justification for the privilege, will be reevaluated, and it will be suggested that historical precedeht does not support the existence of such a theory. Second, the separation of powers justification will be undercut by close examination of the constitutional principles involved. Finally, attack will be waged on the various public policy arguments used to support the privilege.