What is executive privilege?

[Mesogen]

Apparently there is absolutely no concept of executive privilege in the constitution. It may be implied by separation of powers, but then again checks and balances may negate it.

This is an interesting article about the subject.

http://www.npr.org/templates/story/story.php?storyId=11527747

So how can a president simply withhold information if the Constitution doesn't give him the power to do so?

Presidents have argued that executive privilege is a principle implied in the constitutionally mandated separation of powers. In order to do their job, presidents contend, they need candid advice from their aides — and aides simply won't be willing to give such advice if they know they might be called to testify, under oath, before a congressional committee or in some other forum.

We seem to be having a huge battle between the reckless Bush administration and the out-of-touch Democratic congress. The concept of executive privilege is front and center in this debate, so much so that Dick Cheney had to make the laughable declaration that the OVP wasn't part of the executive branch.

There has to be a better way.

Does anyone have any good ideas as to how we could keep a check on illegal activity by the executive while retaining the ability of the executive to execute?

 

[Man from La Mancha]

Executive privilege is the claim by the president that certain information is confidential and therefore not required to be disclosed to Congress or the courts. Although the phrase does not appear in the Constitution, the underlying principle does and was invoked by George Washington when he refused to release to Congress all documents pertaining to treaty negotiations.


more on it here
http://www.slate.com/id/1007166/

 

[angelatc]

The President isn't really supposed to execute very much. Aside from running the troops and meeting with foreign dignitaries, he is usually only relegated to saying "Yes" or "No" to laws the Congress puts on his desk.

That might be the besr thing about Ferd T Hompson. He's too lazy to do much more than he has to.

 

[Mesogen]

Dubya was really lazy at first too.

It's not the actual president I'm worried about. It's the people that work under him. I was about to say for him, but we all know that's not necessarily how it works.

 

[Sir VotesALot]

...while retaining the ability of the executive to execute?

That is not something I want retained!