Executive Privilege

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.