ABSTRACT

Many contemporary observers of American government would disagree, noting that the development of American political institutions has promoted executive rather than legislative power. The Articles of Confederation, which created a national government of very limited powers, did not even establish a separate executive branch. The executive branch has benefited greatly from historical developments that have increased the importance of particular governmental functions, and thereby the power of the branch assigned responsibility for those functions. Examination of the president's powers as chief executive and the disputes over executive privilege and presidential immunity illustrate both the bases for claims of implied powers and possible limits on those powers. Executive privilege is the power of the president to refuse to provide information requested by other branches of government. Presidential invocation of executive privilege became more frequent after World War II, in part because of increased American involvement in world affairs.