DePaul Law Review Volume 23 Issue 2 Winter 1974 Article 6 Executive Privilege and the Congress: Perspectives and Recommendations Thomas E. Evans III Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Thomas E. Evans III, Executive Privilege and the Congress: Perspectives and Recommendations, 23 DePaul L. Rev. 692 (1974) Available at: https://via.library.depaul.edu/law-review/vol23/iss2/6 This Comments is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact
[email protected]. COMMENTS EXECUTIVE PRIVILEGE AND THE CONGRESS: PERSPECTIVES AND RECOMMENDATIONS The doctrine of executive privilege has surfaced at the height of several controversies recently and this exposure has raised numerous questions concerning its nature, none of which have been more debated than the validity of its existence.' Its advocates have pointed to history, statutes, court decisions, and the Constitution in an effort to justify its use, while its skeptics using the same materials have arrived at a different conclu- sion. The ultimate resolution of this issue is of more than academic con- cern, for executive privilege has created an executive-legislative schism the breadth of which threatens the constititional framework of this na- tion's government. 2 Is executive privilege well-established doctrine or ill- supported dogma? What are the effects of its assertion? And most im- portantly, is constitutional government in the United States institutionally equipped to resolve fundamental differences between its co-equal branches? These are the questions which are raised by the privilege and which will be considered during the course of this analysis.