On July 17, 1972, following Richard Nixon’s election members of his staff were caught stealing from the Democratic National Committee office located in the Watergate Hotel in Washington D.C.. This case went to court because the prosecutor wanted to prove that Nixon knew about the scandal and was covering up the incident. They hoped to gain the tapes and documents from the Oval Office. The question the United States Supreme Court was tasked with answering was if the President’s right to safeguard certain information, using his “Executive Privilege” confidentiality power, make them entirely immune from judicial review.…
Executive privilege is a right held by the executive branch that allows the president to withhold information and while the Constitution does not grant this power to the executive explicitly, presidents have justified executive privilege using the Constitution’s separation of powers doctrine and the role of the executive branch in foreign affairs (O’Brien). The sole organ theory also asserts that the president alone acts as a representative on behalf of the country when dealing with foreign nations and in issues of international conflict (O’Brien). With regards to the treaty with Great Britain, Washington has the ability to invoke executive privilege in this case based on implied and explicit powers in the Constitution, the separation of powers doctrine, and precedent set by the Supreme Court. Certain powers are implicit…
This is largely the case because the president sees his position as one that does not need Congressional approval under the faithfully executed clause in the oath of office which is largely interpreted on a subjective basis. Which means that under the constitution, as commander and chief, a present sees is position as one that does not need Congresses’ approval and that such legislation violates the constitution as a whole. Essentially, the president understands the wording in the constitution to mean that the positon of president, and that position alone, has sole authority over the armed…
The framers of the constitution wanted to have a president with limited power because they wanted to prevent another tyranny. As stated in Federalist #46, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands…may justly be pronounced the very definition of tyranny.” The framers created a government with checks and balances which caused the separation of power composed of the three branches: Legislative (congress), Executive (president), and Judicial (supreme court). They didn’t want a single branch to become too powerful, so they gave each branch specific checks that they could use on the other two branches to keep them in line. Although the president was intended to be weak on paper, actually to the American…
The head of the executive branch was meant to be greatly restricted, but has significant power nonetheless. As a check on the legislative branch…
Executive Privilege is a controversial presidential power that is recognized by the courts but is nowhere mentioned in the U.S. Constitution. Executive Privilege is often used by presidents to hide information that may be incriminating or detrimental to their party or political standing. Many historians and politicians have claimed that executive privilege is not real and question whether it is constitutional for presidents and other members of the executive branch to withhold documents and testimony from congress. As defined in the dictionary, Executive Privilege is the principle that members of the executive branch of government cannot legally be forced to disclose their confidential communications when such disclosure would adversely affect the operations or procedures of the executive branch.…
George Washington establishment of Executive Privilege From the beginning in 1795, the Executive Privilege Doctrine was established by our first president George Washington. The Doctrine of Executive Privilege is to protect the Executive Branch’s confidentiality interest. “Executive Privilege in the context of the secrecy syndrome of the government” (Reylea, 1981, p. 31). The Doctrine of Executive Privilege has expanded over the years. J.A. Carroll and M.W. Ashworth stated that the hopes of the Executive Privilege was “to take a transient view of the situation of private concerns” (Carroll & Ashworth, 1957, p. 243).…
President of the United States(POTUS) - Chief of State, Chief Executive, Chief Diplomat, Commander-In-Chief, Chief Legislator, Chief of Party, Chief Guardian of the Economy. It seems the person who holds this position is the most powerful person in the world. But, as the pioneers of modern democracy, has the United States’ stripped the position of it’s power in it’s attempt to realize a perfect system of checks and balances? Or has the spike in executive duties given the President far too broad a purview? In a constantly evolving society, the role of the government and of the President are constantly changing causing sharp conflict between those who believe the President holds too little or too much power.…
What do I think about the president refusing to share documents? I think it is completely fair. As citizens of the United States and a voting group, we should know what the president means. They are the most powerful human beings in the world, and they come across information that should be kept confidential, if to other powerful beings. I believe that mostly it protects us, but I do believe that in some cases if the president keeps information from the federal court, it could be dangerous.…
Congress's approval rating has been decreasing ever since March 2015. However, a new poll has shown what most people in America really think about congress. A poll showed that 52 percent of people believe that congress is corrupt. Not only do people believe that congress is corrupt, but they also believe that congress cannot relate to everyday people.…
Impeachment is the power of the legislative branch granted to it by the Constitution to remove any federal officer from office on grounds of “Treason, Bribery, and other high Crimes and Misdemeanors” (US Const. art. II, sec. 4). This power is further detailed in Article I Sections 2 and 3. It gives sole power of impeachment to the House of Representatives and details that the Senate has the power to try all impeachments.…
It makes me wonder if there isn’t a better system for people who love or loyal to their organization, and are not willingly blinded by their wrongdoing. Like first recognize that the organization is part of harm about to take place or wrong doing being occurred. Then you report what is causing harm or the wrong doing through the chain of command. If nothing is done and it continues, collect evidence about the corruption/wrong doing. Finally go to an outside source and report it.…
The power of the Executive Branch is limited through judicial review, which is a process where legislative action must be reviewed by the judicial branch to make sure it conforms with the constitution. Therefore, the president isn’t able to freely make decisions that could hurt the…
The writers even made the Constitution very vague for this reason and so it could be interpreted at a later date to fit the demands of…
This is because it is the most powerful branch. The first reason is that they have the ability to create laws. Many people might argue that they can not get laws passed without the Presidents approval. Although this is true to an extent, it is not always the case. Congress can overrule the Presidents decision by simply getting 2/3 of Congress to agree that a bill should become a law.…