Executive Privilege

The doctrine of executive privilege empowers the president of the United States to withhold from the Congress, the courts, and ultimately the public information deemed vital to the national interest. But pointing to Nixon's Watergate scandal as only the most flagrant example of its abuse, many scholars have argued that the doctrine itself is neither democratic nor constitutional. Now political scientist Mark Rozell challenges widely held beliefs to argue that executive privilege not only lies within the bounds of the Constitution but also, if used properly, supports the effectiveness of the president's office in constructing and implementing policy. Drawing on White House and congressional documents as well as on personal interviews, Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process. In the book's conclusion, Rozell argues for a return to a pre-Watergate understanding of the role of executive privilege.
Rejecting the views that executive privilege is either an unqualified evil or an unfettered presidential prerogative, he instead recognizes that the doctrine is a legitimate - though often controversial - presidential power, and that disputes over withholding information can best be resolved by the political ebb and flow of the separation of powers system.