Executive Privilege

Executive Privilege
Author: Mark J. Rozell
Publisher:
Total Pages: 228
Release: 2002
Genre: Political Science
ISBN:

Mark Rozell's Executive Privilege has provided for the past decade an in-depth review of the historical exercise of executive privilege and an analysis of the proper scope and limits of presidential power. Now Rozell has updated this important work to cover two new presidents, Bill Clinton and George W. Bush, and show how both have revived the national debate over executive privilege. Book jacket.

Executive Privilege

Executive Privilege
Author: Mark J. Rozell
Publisher: JHU Press
Total Pages: 222
Release: 1994
Genre: Executive privilege (Government information)
ISBN: 9780801849008

Drawing on White House and congressional documents as well as on personal interviews, Mark Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process. He argues for a return to a pre-Watergate understanding of the role of executive privilege.

Executive Privilege

Executive Privilege
Author: Mark J. Rozell
Publisher:
Total Pages: 276
Release: 2010
Genre: History
ISBN:

This book provides an in-depth history and analysis of executive privilege from President Nixon to President Obama, and its relation to the proper scope and limits of presidential power.

Reclaiming Accountability

Reclaiming Accountability
Author: Heidi Kitrosser
Publisher: University of Chicago Press
Total Pages: 292
Release: 2015-01-06
Genre: Law
ISBN: 022619163X

Americans have long treated government accountability as a birthright. However, accountability is frequently tossed about in a rhetorically effective but substantively empty way. We often feel that those in government “work for us” and therefore must “answer to us,” but fail to grapple with the conditions under which we can really assess how accountable our government is. This is especially true with respect to matters of secrecy and transparency in government as, while we routinely voice support for transparency and accountability, we too often tolerate secrecy when associated with “national security.” The government plainly needs to keep some information secret, and there are ways to reconcile secrecy with accountability. In Reclaiming Accountability, unchecked secrecy is the primary concern as insufficient checking breeds unnecessary, even counterproductive, secrecy and is also deeply antithetical to accountability. Heidi Kitrosser shows how, for all of its influence, “presidentialism” badly misreads the Constitution. The book first explains presidentialism and its major component parts – “supremacy” and “unitary executive theory.” It then details how supremacy and unitary executive theory manifest themselves as arguments for a broad presidential power to control information. The descriptive elements lay the groundwork for Kitrosser's two normative arguments. The first is that the Constitution situates the presidency within a substantive accountability framework that entails substantial congressional and judicial leeway to impose and enforce external and internal checks on presidential power to foster transparency and accountability. And, closely related, the second argument is that supremacy and unitary executive theory misread the Constitution.

The President's Czars

The President's Czars
Author: Mitchel A. Sollenberger
Publisher: University Press of Kansas
Total Pages: 312
Release: 2012-04-27
Genre: Political Science
ISBN: 0700618368

Faced with crises that would challenge any president, Barack Obama authorized "pay czar" Kenneth Feinberg to oversee the $20 billion fund for victims of the BP oil spill and to establish—and enforce—executive pay guidelines for companies that received $700 billion in federal bailout money. Feinberg's office comes with vastly expansive policy powers along with seemingly deep pockets; yet his position does not formally fit anywhere within our government's constitutional framework. The very word "czar" seems inappropriate in a constitutional republic, but it has come to describe any executive branch official who has significant authority over a policy area, works independently of agency or Department heads, and is not confirmed by the Senate-or subject to congressional oversight. Mitchel Sollenberger and Mark Rozell provide the first comprehensive overview of presidential czars, tracing the history of the position from its origins through its initial expansion under FDR and its dramatic growth during the presidencies of George W. Bush and Barack Obama. The President's Czars shows how, under pressure to act on the policy front, modern presidents have increasingly turned to these appointed officials, even though by doing so they violate the Appointments Clause and can also run into conflict with the nondelegation doctrine and the principle that a president cannot unilaterally establish offices without legislative support. Further, Sollenberger and Rozell contend that czars not only are ill-conceived but also disrupt a governing system based on democratic accountability. A sobering overview solidly grounded in public law analysis, this study serves as a counter-argument to those who would embrace an excessively powerful presidency, one with relatively limited constraints. Among other things, it proposes the restoration of accountability—starting with significant changes to Title 3 of the U.S. Code, which authorizes the president to appoint White House employees "without regard to any other provision of law." Ultimately, the authors argue that czars have generally not done a good job of making the executive branch bureaucracy more effective and efficient. Whatever utility presidents may see in appointing czars, Sollenberger and Rozell make a strong case that the overall damage to our constitutional system is great-and that this runaway practice has to stop.

Presidential Privilege and the Freedom of Information Act

Presidential Privilege and the Freedom of Information Act
Author: Kevin M. Baron
Publisher: Edinburgh University Press
Total Pages: 232
Release: 2019-04-01
Genre: Law
ISBN: 1474442463

Tells the story behind the development of the Freedom of Information Act and explores its legacy today The Freedom of Information Act, developed at the height of the Cold War, highlighted the power struggles between Congress and the president in that tumultuous era. By drawing on previously unseen primary source material and exhaustive archival research, this book reveals the largely untold and fascinating narrative of the development of the FOIA, and demonstrates how this single policy issue transformed presidential behaviour. The author explores the policy's lasting influence on the politics surrounding contemporary debates on government secrecy, public records and the public's 'right to know', and examines the modern development and use of 'executive privilege'.

Presidential Secrecy and the Law

Presidential Secrecy and the Law
Author: Robert M. Pallitto
Publisher: Johns Hopkins University Press
Total Pages: 280
Release: 2007-05-01
Genre: Political Science
ISBN: 9780801885822

Presidential Secrecy and the Law will be the standard in presidential powers studies for years to come.