Abstract

Secrecy in a Free Society

The term executive privilege, as currently used, most commonly refers to a situation in which the executive branch refuses to divulge information requested by the U.S. Congress. The term refers to the executive branch's denial of any kind of information to any person, be a member of the Congress or of the taxpaying public. At issue in any consideration of executive privilege are three conflicting principles: the alleged power of the President to withhold information, the disclosure of which he feels would impede the performance of the constitutional responsibilities; the power of the legislative branch to obtain information in order to legislate wisely and effectively, and the basic right of the taxpaying public to know what its government is doing.