ABSTRACT

Executive privilege is an implied constitutional power of the presidency. It is the right of the president and some high level executive branch officers to withhold information from Congress, the courts, and ultimately the public. Executive privilege is a controversial power, as it is nowhere explicitly mentioned in the U.S. Constitution. Furthermore, not all presidents have exercised this power judiciously. Nonetheless, there is established case law and many precedents for a limited and constrained use of this power, when exercised in the public interest.