Constitutional Separation Of Powers For Its Basis Essay

795 Words Sep 5th, 2014 4 Pages
The Executive Privilege it is an inherent executive power that allows the President of the United States and other high officials of the executive branch to keep certain communications private from the public interest. It relies on the constitutional separation of powers for its basis. Many presidents have used the executive power to avoid having to disclose information to congress on the actions of the executive branch. The privilege is also used to prevent executive branch employees or officials from testifying in Congressional hearings. Presidents mostly use the executive privilege to protect sensitive military or diplomatic information. The privilege is rarely challenged. The concept of the executive privilege dates back to 1792, when congress was probing a disastrous battle against American Indians that cost the lives of hundreds of U.S. soldiers. The president at the time George Washington and his cabinet decided that the president has the right to refuse to turn over documents if disclosing them would harm the public. In the end he lost and had to hand over all the papers that congress requested. This is where the idea of executive privilege took root. The executive privilege is not mentioned in the constitution but the U.S. Supreme Court ruled it to be an element of the separation of powers doctrine. One of the first presidents to coin the phrase executive privilege was President Dwight Eisenhower. There are many critics that are against the executive privilege.…

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