It is more of a privilege than an absolute power because of the checks and balances in the government.
(Checks and balances is were different branches of the government [executive, judicial, legislative] have to go through each other to get things done within the government)
-Sprat
With executive privilege, the president is allowed to overstep congressional authority, and not answer to Congress's efforts to question his or her actions. With the series of checks and balances that are established in the Constitution, this particular privilege is puzzling. Some believe that executive privilege is a fallacy, and that congressional approval is absolute.
No, the court did not hold that there are no circumstances under which executive privilege might be asserted. Instead, it acknowledged that executive privilege can exist but emphasized that it is not absolute and must be balanced against the need for disclosure in certain situations. The court's ruling highlighted the importance of judicial oversight in determining the applicability of executive privilege in specific cases.
executive privilege. Executive Privilege is not an unlimited right to refuse. It extends only to those topics or areas which are critical for the President to retain privacy in order to accomplish his role as Executive. As such, it was possible for Congress to compel Bill Clinton to testify regarding the Whitewater affair.
Invoking the inherent power of executive privilege.
An absolute privilege is a privilege given to lawmakers to prevent them being sued for libel or slander when making statements.
The Supreme Court ruled that executive privilege, which allows the president to withhold information from other branches of government, is primarily justified when it concerns national security matters. This ruling emphasizes that while the executive branch has a degree of confidentiality, such privilege is not absolute and must be balanced against the needs of justice and transparency. The Court established that claims of executive privilege must be rooted in legitimate concerns for national security to be upheld.
Executive privilege does not apply when the president is under a criminal investigation.
"executive privilege"
"No, the Executive Privilege is the right of the President, but not only him or her. The other official leaders and congress men may have this privilege as well."
give absolute power to the executive branch
There were no dissenting opinions because the case ruled against Nixon 8-0. The concurring opinion was a collective agreement between all justices in that the tapes held criminal conduct between the President and his men as well as that Nixon's claim to absolute executive privilege was wrong. Executive privilege is a right to the president; however, it is not absolute and can be checked by the Congress or Supreme Court.
Executive agreements and executive privilege can sometimes operate outside the system of checks and balances by allowing the executive branch to act unilaterally. Executive agreements enable the president to make international commitments without Senate approval, which can bypass legislative scrutiny. Similarly, executive privilege allows the president to withhold information from Congress and the judiciary, potentially undermining accountability. Both practices can limit the ability of other branches to oversee and check presidential power effectively.