Peaceable Thread: Where is Executive Priviledge?

[Dancing David]

What is the basis for claims that the President has an 'executive priviledge'? The term is thrown around but I am not sure what the basis is for it.

Please keep it civil, I ask people to not flame each other, no name calling please.

 

[drkitten]

What is the basis for claims that the President has an 'executive priviledge'? The term is thrown around but I am not sure what the basis is for it.

It's implicit in the doctrine of "separation of powers," which is never mentioned by name but is fundamental to the structure of the US Government. Certain (enumerated) powers are granted to Congress, others to the President, and others to the SCOTUS. Implicit in this is the idea that if the President is granted a certain power, Congress does NOT have it, and the President (and his agents in the Executive Branch) are not responsible to Congress for his uses.

For example, the President is explicitly empowered to conduct foreign policy ("to make treaties"); it would be inappropriate for Congress to summon the Secretary of State and demand that (s)he discuss in an open forum the details of a current secret negotiation. Foreign policy is not Congress' job; it's the President's.

 

[Darth Rotor]

What is the basis for claims that the President has an 'executive priviledge'? The term is thrown around but I am not sure what the basis is for it.

Please keep it civil, I ask people to not flame each other, no name calling please.

If you go back a few months, and look in your forum search for the poster "Brown" and this topic, you will find some excellent discussion of Executive Privilege.

Priviledge is the architectural term for the window sill in the loo.

(Sorry, privy and ledge was too tempting a target. All your bogs, are belong to us.)

DR

 

[Dancing David]

If you go back a few months, and look in your forum search for the poster "Brown" and this topic, you will find some excellent discussion of Executive Privilege.

Priviledge is the architectural term for the window sill in the loo.

(Sorry, privy and ledge was too tempting a target. All your bogs, are belong to us.)

DR

Thanks!

 

[Dancing David]

It's implicit in the doctrine of "separation of powers," which is never mentioned by name but is fundamental to the structure of the US Government. Certain (enumerated) powers are granted to Congress, others to the President, and others to the SCOTUS. Implicit in this is the idea that if the President is granted a certain power, Congress does NOT have it, and the President (and his agents in the Executive Branch) are not responsible to Congress for his uses.

For example, the President is explicitly empowered to conduct foreign policy ("to make treaties"); it would be inappropriate for Congress to summon the Secretary of State and demand that (s)he discuss in an open forum the details of a current secret negotiation. Foreign policy is not Congress' job; it's the President's.

Hmm, that i can understand, although i would expect the President(or delegate) might meet with the Foriegn Relations Commitee to discuss these things, perhaps in limited and closed session.

I was thinking more about the White House invoking priviledge regards the US Attorneys, where there might be an oversight role.