'Not a Single Privilege Is Annexed to His Character': Necessary and Proper Executive Privileges and Immunities

2020 Sup. Ct. Rev. 229 (2021)

47 Pages Posted: 6 Apr 2022

See all articles by Saikrishna Prakash

Saikrishna Prakash

University of Virginia School of Law

Date Written: 2021

Abstract

By design, the presidency is exceptional. Other branches are plural. Congress, a bicameral legislature, was always meant to have scores of members and now has over 500. Due to Congress exercising the option of creating lower federal courts, the federal judiciary is larger still, with judicial power fractured among more than a hundred federal courts and hundreds of judges. In contrast, one person may command the military, steward foreign affairs, pardon federal offenses, direct the execution of federal law, and superintend the bureaucracy. The matter considered here is whether the presidency enjoys additional privileges and immunities, beyond its salary security. Or, put another way, does the Constitution protect that office from certain slings and arrows that individuals, Congress, the courts, or the states might launch toward the incumbent? Is the highest office in the land that degree of exceptional?

Keywords: constitutional law, presidential powers, privileges, immunities, executive, nixon, executive privilege, trump

Suggested Citation

Prakash, Saikrishna, 'Not a Single Privilege Is Annexed to His Character': Necessary and Proper Executive Privileges and Immunities (2021). 2020 Sup. Ct. Rev. 229 (2021), Available at SSRN: https://ssrn.com/abstract=4039232

Saikrishna Prakash (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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