Executive privilege

Definition and stakes

Portrait of Hugo Black Hugo Black,  Pennsylvania Railroad Company v…

“ The privilege is not a badge or emolument of exalted office, but an expression of a policy designed to aid in the effective functioning of government. The complexities and magnitude of governmental activity have become so great that there must of necessity be a delegation and redelegation of authority as to many functions, and we cannot say that these functions become less important simply because they are exercised by officers of lower rank in the executive hierarchy. ”
Source: Wikisource

United States. Congress,  Abridgment of the Debates of Congress…

“ If an ordinary remedy will not, it may be our duty to apply an extraordinary one. What is this mighty business? What is the opinion of the Executive as to its danger? Does he consider it dangerous? It is a little remarkable that, in every instance under the British Government, the proposition of such a measure originated with the Executive, while here, without any intimation of danger from the Executive, we propose, on our own suggestion, to suspend one of the most valuable privileges that is secured to the citizen. ”
Source: Gutenberg

Portrait of Frederick Marryat Frederick Marryat,  Diary in America, Series Two

“ I have observed, in my introduction to the first three volumes of this work, that our virtues and our vices are mainly to be traced to the form of government, climate, and circumstances, and I think I can show that the vices of the Americans are chiefly to be attributed to their present form of government.
The example of the Executive is most injurious. It is insatiable in its ambition, regardless of its faith, corrupt in the highest degree; never legislating for morality, but always for expediency.
”
Source: Gutenberg

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