blog




  • Essay / The Pros and Cons of Executive Privilege

    How would you feel if all of your private conversations could potentially be broadcast on social media and shared with millions of people? It's easy to say that we all think that not all of our conversations should be out in the open for everyone to see. Believe it or not, this same consideration applies to our own President of the United States of America. Certain topics and issues discussed by the president, such as national security issues or executive branch communications, should not be open to the public. You may be wondering how or why is this possible? How can the executive keep certain discussions, recordings, etc. to itself? ?Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an Original Essay This is due to a right called executive privilege. Executive privilege is a right asserted by the United States and others to withhold information from Congress, the courts, or individuals that has been requested or subpoenaed. This prevents executive branch employees or officials from testifying during congressional hearings. Although these executive privilege rights are not directly granted in the Constitution, some people do not think they exist, but executive privilege does exist and it is implied by the constitutional principle of separation of powers between the three branches of government. Some people think we shouldn't use executive privilege, but I think we should. For example, presidents have used executive privilege in two types of cases: those involving national security and those involving executive branch communication. National Security Most of the time when a president uses executive privilege, it is to protect sensitive military or diplomatic information. which, if ever released, could put the security of the United States in great danger. Because the president is the commander in chief of the U.S. military (as stipulated in the Constitution), "state secrets" allegations regarding the use of executive privilege are rarely brought before the Supreme Court. Executive Branch Communication Most conversations the president has between him and his top aides and advisors are written or electronically recorded. The president argued that executive privilege should be respected in the recordings of some of these conversations. The president argued that for their advisers to be able to give open and frank advice and present all possible ideas, they must be sure that the discussions will remain confidential. This application of executive privilege, although rare, is still controversial and often contested. In 1792, George Washington was the first president to use executive privilege. What happened was that the House of Representatives requested information from the Washington administration about the military defeat of Major General Arthur St Clair. Even though the Washington administration did turn over the requested documents to the House, Washington firmly expressed that it had the right to refuse to release information that could harm the public. Although Washington cooperated, it set the example that, on certain occasions, presidents can withhold information. In 1976, Washington refused to provide the House with requested information about the Jay Treaty, stating that the House did not have a constitutional role in the treaty-making process. Washington noted, however, that if the House had requested information.