What Is Executive Privilege and When Does It Apply - Essay Example

Some form of executive privilege has been exercised by Presidents ever since the refusal of George Washington to submit documents of the Jay Treaty to the House of Representatives stating that the House is not involved in the process of deciding a treaty. Executive privilege was exerted by Presidents as many believed that information could be withheld if public interest was involved or if it interfered in the job of the President (What’s the legal basis, 2008). In the modern context, executive privilege is exercised when there is a need to protect national security, to maintain the confidentiality of certain deliberations or investigations made in the White House.

An executive privilege memorandum that was issued during the Reagan administration stated that the privilege would be invoked only when there was a dire need for confidentiality and after a careful review along with an authorization issued by the President. There have been several controversies associated with the use of the executive privilege as in the case of the Watergate scandal involving President Nixon and post-Watergate cases as in the case of President Clinton. In these instances, Presidential power was used to conceal certain wrongdoings which finally led to their resignations and impeachment respectively (Rozell, 2002). Also, several disputes associated with exerting the privilege by Presidents are related to requests made by Congress for such privileged information. In such cases, even the courts have not been able to balance the privilege claims made on behalf of the President and the congressional demand for information (What’s the legal basis, 2008).