The "executive privilege" that relates
to the right of the president to keep
communications confidental is best
described a/an:
1. power that is only applicable to
matters of national security.
2. absolute power that applies to all
communications that a president
engages in while performing offical
duties.
3. limited power that is weighed
against other interests such
as obtaining evidence for a
criminal case.
4. power that only extends to
communications between the
president and his cabinet members.
Is the correct answer 1 or 3?
I think it's 3, but others say its 1.
The question of executive privilege has been debated in the courts and is still unclear. The one power that isn't controversial is that executive privilege is pretty much guaranteed on issues of national security.
Here's more information:
"To read the Art.II powers of the President as providing an absolute privilege as against a subpoena essential to enforcement of criminal statutes on no more than a genaralized claim of the public interest in confidentiality of nonmilitary and nondiplomatic discussions would upset the constitutional balance of 'a workable government' and graveley impair the role of the courts under Art. III" 418 U.S. 683, 707. Because Nixon had asserted only a generalized need for confidentiality, the Court held that the larger public interest in obtaining the truth in the context of a criminal prosecution took precedence.
Retrieved from "http://en.wikipedia.org/wiki/Executive_privilege"
http://writ.news.findlaw.com/amar/20040416.html
The correct answer is 3. Executive privilege is a limited power that is weighed against other interests, such as obtaining evidence for a criminal case. While executive privilege does relate to the right of the president to keep communications confidential, it is not an absolute power that applies to all communications the president engages in while performing official duties. It is also not restricted to matters of national security or only extends to communications between the president and his cabinet members.
The concept of executive privilege has been debated and is still unclear. The specific scope and limitations of executive privilege have been the subject of court cases and legal interpretation. It is important to note that executive privilege is not explicitly stated in the Constitution, but it is implied from the separation of powers and the need for a president to have confidential communications with advisors.
In the landmark Supreme Court case United States v. Nixon in 1974, the Court held that executive privilege is not absolute and is subject to limitations. The Court ruled that the larger public interest in obtaining the truth in the context of a criminal prosecution takes precedence over a president's generalized claim of confidentiality.
It is understandable that there may be different interpretations or opinions on this topic. However, based on legal precedent and constitutional principles, the most accurate description of executive privilege is that it is a limited power weighed against other interests such as obtaining evidence for a criminal case.