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
With
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 Rozells 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
Americas attention with Nixons abuses of power. Although
it is viewed by many as undemocraticor even a constitutional
mythRozell argues that executive privilege not only
derives from the Constitution but, if prudently used, even supports
the presidents 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 authors latest analysis of the proper scope of
executive privilege, given the numerous secrecy controversies of
the past decade. Rozell reviews Bill Clintons resistance to
numerous congressional and grand jury investigations and he assesses
George W. Bushs proclivity for secrecy. Rozell explains how
each of these presidents has sparked controversy over attempts to
revive executive privilegein 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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