William & Mary Bill of Rights Journal


Louis Fisher


In this Article, Louis Fisher acknowledges the constitutional legitimacy of executive privilege, but he argues that legal and political limits render the scope of the privilege narrower than what is commonly believed In support of his argument, he points to early precedents set during the Washington Administration and to congressional leverage over the executive branch. Though he recognizes the executive branch's interest in ensuring that information is disclosed through authorized channels and its concern about disclosures of information that may embarrass the administration or one of its agency's, he asserts that there is no legal or constitutionaI justification for concealing such information. Dr. Fisher further argues that Congress' need for information to govern supports an investigatory power that trumps the executive branch's claim to exclusive control of information in national security and foreign affairs cases.