DOIAbstract
Executive privilege is a widely used but widely contested implied constitutional power. Although it has been used by almost every president beginning with George Washington, many see it as having no legitimate constitutional basis, and it is frequently criticized for its use in presidential scandals. However, others contend that it is a necessary power to ensure the effectiveness of the executive branch. The existing literature on executive privilege focuses only on its origins and on debating whether it is a legitimate power. It overlooks another significant reason for studying it: the use of executive privilege often results in a clash between legislative and executive interests, and thus examining the factors that lead to its success can...
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