Secrecy and Separated Powers: Executive Privilege Revisited

Abstract:     
This Article assesses the constitutional validity of executive privilege, focusing solely on executive privilege disputes between Congress and the President or other high-ranking executive branch officers. This Article defines such conflicts broadly to include clashes over information sought directly by Congress (or by a committee or subcommittee thereof), clashes over information sought by individuals through congressionally drawn public access statutes, and clashes over information sought by congressionally created agencies.

Number of Pages in PDF File: 55

Keywords: constitutional law, separation of powers, executive privilege, government secrecy

Accepted Paper Series