U.S. Supreme Court,
Government,
Constitutional Law
Dec. 12, 2018
The scope of executive privilege
Absent Supreme Court clarification, uncertainty exists on the proper scope of executive privilege in response to congressional investigatory demands.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
Congressional oversight of the executive branch is essential to our democracy. James Madison recognized this when he said "a popular government without popular information, or the means of acquiring it, is prologue to a farce or tragedy, or perhaps both." President Woodrow Wilson expressed a similar view. "Quite as important as legislation is the vigilant oversight of administration .... The informing functions of Congress should be preferred even to its legislative f...
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