Secrecy and Separated Powers: Executive Privilege Revisited
55 Pages Posted: 19 May 2006
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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.
Keywords: constitutional law, separation of powers, executive privilege, government secrecy
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