by Marquis Canaday

Created on: April 23, 2008   Last Updated: April 24, 2008

Even though the U.S president has a lot of power in the United States federal government, he has often sidestepped political bouts with the U.S Congress and the U.S Courts over an issue by emphasizing the executive privilege. Here are two examples:

In 1796, U.S President George Washington did not comply with a request sent by the House of Representatives for documents which were in relations to the negotiation of the then - recently adopted Jay Treaty with the nation of Great Britain. President Washington was only compliant to U.S Senate and not the House because the Senate played a vital role in the ratification process. He then went on to explain his actions because he felt that the House had no claim to the documents. The Jay Treaty (also known as Treaty of London of 1794) was used to wave off a war between America and Great Britain by solving many issues which were left two years into the French Revolutionary War. The French Revolutionary War officially ended in 1802 with the signing of the Treaty of Amiens.

The second example was during the year of 1807; U.S President Thomas Jefferson was continuing a precedent of executive privilege at the treason trial of Aaron Burr, a former vice president. The Supreme Court Chief Justice John Marshall favored the powers of the federal government, but he was a political opponent of President Jefferson because the president was a Democratic - Republican. When Aaron Burr asked the Supreme Court to issue out a subpoena duces tecum (a subpoena issued by a court which orders the party or parties named to appear and produce evidence of tangibility for use at a trail or hearing). Chief Justice Marshall also spoke of the Sixth Amendment of the U.S Constitution, how it allows for certain court orders for criminal defendants and how it did not provide any exception for the president. President Jefferson gave a rebuttal that the document's disclosure would jeopardize public safety. Then Chief Justice gave a reply that the court would be the judge of that, not the president.

The President of the United States of America as being the top person representing the executive branch of the United States Government has a reserve power which is able to resist interventions by the other government branches. In the United States Constitution, it is not mentioned, but, it can be interpreted as an element of the doctrine located within the separation of powers.

In the landmark court case known as United States v. Nixon, the United States Supreme Court confirmed the rightful privilege. And when it is invoked, a presupposition of privilege is thus established. Supreme Court Chief Justice Burger even made a statement about executive privilege. He went on to add the suggestion that the executive privilege would most effectively apply when the oversight of the executive would impair that branch's national security concerns. The case was seen as one which updated the crucial precedent to limiting the power of any president in America. It was an 8 - 0 vote unanimously. This is located within the case (418 U.S at 713 - 14).

Notes

http://www.c-span.org/guide/congress/glossa ry/exprivilege.htm

http://www.landmarkcases.org/nixon /privilege.html

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