I can not find where Executive privilege is in the Constitution. Is it there?

Question

If it isn't there, what is the Executive branch basing their claim on their supposed right to withhold information to Congress?

K Both sides please keep the politics out of it.
I would rather not wade through opinions.
Is there an actual legal basis for Executive Privilege?
Has this ever been challenged and upheld in a court of law?

It is disturbing that this is the best answer.
If we set current issues aside, what you are saying the only the Executive branch has the say on whether or not Congressional oversight is appropriate or not.

Answer 1

Its has never been argued that it was “in the Constitution”. Just as Congressional privilege, Judicial review and a host of other “privileges” are not specifically mentioned in the document. But the Constitution authorizes the Executive and Legislative branches to institute those laws and rules which allow for the proper and efficient enforcement of the Constitution and administration of government. Executive privilege has existed in that sense since the Constitution was ratified as it is but on method of preserving equal authority of the different branches.

Congress has the Constitutional power to investigate actual violations of the laws of the US but the investigations which are being conducted today are nothing more than exploratory in nature. There are no specific violations being alleged. They are investigating to determine if there are legal grounds to conduct a formal investigation. If you understand that.

This is different from say the Congressional investigation of Clinton, the Congressional investigation of Nixon and the Justice Department investigation of William Jefferson. In all three cases, there was prima facie evidence of illegality which precipitated the “investigation.”

Answer 2

Another question: Since when has the Vice President NOT been considered part of the Executive Branch? Answer: Since Dick Cheney decided it wasn't!

This administration has taken extreme liberties with these "courtesies" extended to them by our Constitution. Why more "conservatives" aren't up in arms about this, I have no idea... do they not realize how Bush & Team are just chipping away at our democratic fabric? This is simply not acceptable to me, regardless of the affiliation of this President. I would be similarly alarmed if it were a Democrat.

Answer 3

The concept of executive privilege is not mentioned in the United States Constitution, but some consider it to be an element of the separation of powers doctrine, and/or derived from the supremacy of executive branch in its own area of Constitutional activity.

Answer 4

It is a courtesy that was extended to George Washington and it has been understood that a president needs privacy in order to get good opinions from his (or her) aides. It does not trump a criminal investigation, however, and congress can ask the courts to force the president to give up the information if it is needed to pursue illegal activities.

Answer 5

it is not, yet many known regulations are not in the letter of the form. the superb suited to privateness, as an occasion. not as quickly as does the form point out that a citizen has a perfect to private privateness, although that's a perfect assumed by using the criminal equipment. The shape isn't, and by no capacity became, meant to be the sum entire of the U. S. equipment, in basic terms a reliable commencing element. i in my view think of government privelege is BS, a desperate hide-up attempt.

Answer 6

There are separations of powers. The President controls all of the executive branches , Congress knows this , they are just trying to get some press.

Its no different then if the President demanded congress give him information about the branches of Government they control.

Answer 7

So.. you would also agree that the executive branch should be able to subpoena members of Congress and the Supreme Court, at their will, for informational purposes?

Answer 8

Executive privilege was a concept first used by Eisenhower and has been accepted by every congress, court, and president since

Answer 9

It has to do with separation of powers. No one branch is all powerful. There are adequate means to rein in abuses by any branch.

Answer 10

Originally used by George Washington to use the restroom in the whitehouse, it is now being misconstued by those who just can't get rid of enough bullsh*t in time.