Executive Privilege: the Withholding of Information by the Executive: Hearing, Ninety-second Congress, First Session ... on S. 1125 |
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Page 78
... forces.148 The phrase " the Executive Power of the United States shall be vested in a single person , " the President , first appears in a James Wilson draft , accompanied by an enumeration of powers to grant reprieves and pardons , to ...
... forces.148 The phrase " the Executive Power of the United States shall be vested in a single person , " the President , first appears in a James Wilson draft , accompanied by an enumeration of powers to grant reprieves and pardons , to ...
Page 84
... forces in our scheme of govern- ment , " 183 a thesis on which I shall hereafter dwell . III . HISTORY MUSTERED BY ATTORNEY GENERAL ROGERS- PRESIDENTIAL " REFUSALS " OF INFORMATION The sporadic historical incidents paraded by the ...
... forces in our scheme of govern- ment , " 183 a thesis on which I shall hereafter dwell . III . HISTORY MUSTERED BY ATTORNEY GENERAL ROGERS- PRESIDENTIAL " REFUSALS " OF INFORMATION The sporadic historical incidents paraded by the ...
Page 108
... Force General Counsel testified that : " There has never been a case which has been litigated that says the Executive may withhold , from Congress . Moss Hearings 12-13 . More recently Kramer & Marcuse 903 , stated that , " no court has ...
... Force General Counsel testified that : " There has never been a case which has been litigated that says the Executive may withhold , from Congress . Moss Hearings 12-13 . More recently Kramer & Marcuse 903 , stated that , " no court has ...
Page 109
... force , if necessary , the execution of the process of the court . " Id . at 37. He likewise asserts that " heads of Departments may not be compelled to attend a trial , " id . at 38 , and that : " Heads of Departments are subject ...
... force , if necessary , the execution of the process of the court . " Id . at 37. He likewise asserts that " heads of Departments may not be compelled to attend a trial , " id . at 38 , and that : " Heads of Departments are subject ...
Page 111
... force too strong for me to overcome . " Ex parte Merryman , 17 Fed . Cas . 144 , 153 ( No. 9487 ) ( C.C. Md . 1861 ) . His course was followed by courageous lower court judges in the midst of the war . Ex parte Benedict , 3 Fed . Cas ...
... force too strong for me to overcome . " Ex parte Merryman , 17 Fed . Cas . 144 , 153 ( No. 9487 ) ( C.C. Md . 1861 ) . His course was followed by courageous lower court judges in the midst of the war . Ex parte Benedict , 3 Fed . Cas ...
Common terms and phrases
administration agency ANNALS OF CONG appropriate Army Att'y Gen Attorney authority bill BUZHARDT Chairman classified confidential CONGRESS THE LIBRARY constitutional Continental Congress Counsel decision Department of Defense disclosure discretion documents duty EDMISTEN Emphasis added employee executive branch executive departments executive power exercise Federal files foreign affairs furnish hearings inquiry investigation invoke executive privilege issue Jay Treaty Jefferson judicial Judiciary Justice Kissinger Kramer & Marcuse LAW REVIEW Vol letter material matter Memo ment military assistance military assistance program mittee Operations papers Pentagon Papers pesticide President President's problem Professor KURLAND question records refusal request require respect responsibility secrecy secret Secretary of Defense Senator ERVIN Senator Fulbright Senator MATHIAS separation of powers staff statement statute subcommittee supra Supreme Court testify testimony text accompanying notes tion tive treaty U.S. Senate UCLA LAW REVIEW United Washington White House withhold information
Popular passages
Page 25 - House shall exercise continuous watchfulness of the execution by the administrative agencies concerned of any laws, the subject matter of which is within the jurisdiction of such committee; and, for that purpose, shall study all pertinent reports and data submitted to the House by the agencies in the executive branch of the Government.
Page 540 - Each agency, in accordance with published rules, shall make available for public inspection and copying — (A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases ; (B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register...
Page 565 - The head of each department is authorized to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it.
Page 540 - Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published.
Page 163 - ... proceedings, punish members for disorderly behavior, and, with the consent of two-thirds, expel a member, but not a second time for the same offense...
Page 26 - All departments and establishments shall furnish to the comptroller general such information regarding the powers, duties, activities, organization, financial transactions, and methods of business of their respective offices as he may from time to time require of them; and the comptroller general, or any of his assistants or employees, when duly authorized by him, shall for the purpose of securing such information have access to and the right to examine any books, documents, papers, or records of...
Page 577 - Secret shall be authorized, by appropriate authority, only for defense information or material the unauthorized disclosure of which could result in serious damage to the Nation...
Page 517 - The legislative department derives a superiority in our governments from other circumstances. Its constitutional powers being at once more extensive, and less susceptible of precise limits, it can, with the greater facility, mask, under complicated and indirect measures, the encroachments which it makes on the co-ordinate departments.
Page 83 - The power being given, it is the interest of the nation to facilitate its execution. It can never be their interest, and cannot be presumed to have been their intention, to clog and embarrass its execution by withholding the most appropriate means.
Page 136 - The rationale of the criminal cases is that, since the Government which prosecutes an accused also has the duty to see that justice is done, it is unconscionable to allow it to undertake prosecution and then invoke its governmental privileges to deprive the accused of anything which might be material to his defense.