The politics of executive privilege

the long version

"For over 200 years, Congress and the President have locked horns on an issue that will not, and cannot, go away: legislative access to executive branch information. Presidents and their advisers often claim that the sought-for information is covered by the doctrine of executive privilege and other principles that protect confidentiality among presidential advisers. For its part, Congress will articulate persuasive reasons why legislative access is crucial. In terms of constitutional principles, these battles are largely a standoff, and court decisions in this area are interesting but hardly dispositive. What usually breaks the deadlock is a political decision: the determination of lawmakers to use the coercive tools available to them, and political calculations by the executive branch whether a continued battle risks heavy and intolerable losses for the President. Moreover, both branches are at the mercy of political developments that can come around the corner without warning and tilt the advantage decisively to one side." "Executive-legislative clashes over information are generally seen as a confrontation between two branches, yielding a winner and a loser. It is more than that. Congressional access represents part of the framers' belief in representative government. When lawmakers are unable (or unwilling) to obtain executive branch information needed for congressional deliberations, the loss extends to the public, democracy, and constitutional government. The system of checks and balances and separation of powers are essential to protect individual rights and liberties."--Jacket.