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The Problem of Executive Privilege The Problem of Executive Privilege
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Should We Abolish Executive Privilege? Should We Abolish Executive Privilege?
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What Is the Alternative? What Is the Alternative?
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3 Should We Rely on Congress? Oversight and the Problem of Executive Privilege
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Published:May 2016
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Abstract
This chapter examines why Congress typically struggles to stay abreast of the president's covert actions and policies. It identifies the principal challenge that Congress faces in its oversight of state secrecy: the executive does not believe that it is obliged to comply with Congress's requests for information. It also rejects the argument put forward by a number of scholars that such invocations of an “executive privilege” to withhold information do not pose a serious obstacle to oversight because Congress can use its wide-ranging constitutional powers to compel the president to part with the information needed to perform oversight. This is because absent some initial hint of wrongdoing, Congress will be hard-pressed to know whether and when it ought to enter into combat with the president.
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