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Executive Privilege

Presidential Power, Secrecy, and Accountability

Second Edition, Revised

Mark J. Rozell

September 2002
232 pages, 6 x 9
Studies in Government and Public Policy
Paper ISBN 978-0-7006-1210-9, $19.95

Book cover imageWith the ghost of Watergate still haunting our political conscience, one might expect American presidents to hesitate before invoking executive privilege. But in the wake of the Clinton impeachment and with the onset of the Bush years, we are again confronted with the questionable exercise of presidential prerogatives.

Mark Rozell’s Executive Privilege has provided for the past decade an in-depth review of the historical exercise of executive privilege and an analysis of the proper scope and limits of presidential power. Now Rozell has updated this important work to cover two new presidents and show how both have revived the national debate over executive privilege.

Rozell takes a balanced approach to a subject mired in controversy, providing both a historical overview of the doctrine and an explanation of its importance in the American political process. Exercised as far back as George Washington, executive privilege caught modern America’s attention with Nixon’s abuses of power. Although it is viewed by many as undemocratic—or even a “constitutional myth”—Rozell argues that executive privilege not only derives from the Constitution but, if prudently used, even supports the president’s efforts in constructing and implementing policy.

This new edition features a substantial new chapter on the Clinton and Bush presidencies, as well as textual revisions throughout that reflect the author’s latest analysis of the proper scope of executive privilege, given the numerous secrecy controversies of the past decade. Rozell reviews Bill Clinton’s resistance to numerous congressional and grand jury investigations and he assesses George W. Bush’s proclivity for secrecy. Rozell explains how each of these presidents has sparked controversy over attempts to revive executive privilege—in the process doing significant damage to this constitutional principle. He also addresses the potential roles and influence of both the judiciary and Congress regarding executive privilege.

Rozell continues to stress the legitimate role of executive privilege and looks to the day when a president can use it without embarrassment. His book remains the most balanced treatment available of this concept, and allows readers to better understand the impact of the Clinton years and also assess the Bush administration in action.

“The definitive contemporary work on the subject.”—Journal of Politics

“First-rate scholarship that will prove to be as enduring as the classic by Raoul Berger.”—Presidential Studies Quarterly

“Ought to be mandatory reading not only for every member of Congress but also for national security lawyers in both the legislative and executive branches.”—ABA National Security Law Report

“Rozell is one of a handful of genuine scholars of the murky doctrine of executive privilege.”—National Law Journal

MARK J. ROZELL is Professor of Public Policy at George Mason University. He is coauthor of Power and Prudence: The Incremental Presidency of George H. W. Bush and Interest Groups in American Campaigns; editor of Media Power, Media Politics; and coeditor of Considering the Bush Presidency and The Christian Right in American Politics.

 

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