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Picking up where the second edition left off-in the early days of George W. Bush's first presidential term-this revised and updated third edition provides a thorough analysis of the controversies stirred by Bush 43's aggressive and relentless use of executive privilege over an eight-year period. It also provides the first close look at the intense debates already emerging around President Barack Obama's own struggle to both wield and locate the limits of this powerful executive tool.
Rozell takes a balanced approach to a subject mired in controversy, providing both a historical overview of the doctrine and an explanation of its importance in the American political process. Although it is viewed by many as undemocratic—or even a "constitutional myth"—Rozell argues that executive privilege not only derives from the Constitution but, if prudently used, even supports the president's efforts in constructing and implementing policy.
"If prudently used" is, of course, the key. Rozell shows how Nixon's abuses of power, Clinton's resistance to numerous congressional and grand-jury investigations, and George Bush's proclivity for excessive secrecy all sparked controversy over attempts to revive executive privilege-in the process doing significant damage to this constitutional principle. His sharp analysis of the potential roles and influence of both the judiciary and Congress suggests that disputes over withheld information are best resolved by the separation of powers and the ebb and flow of political tides.
Ultimately, Rozell continues to believe in the legitimate role of executive privilege and looks to the day when a president can use it without embarrassment, and his book remains the most balanced treatment available of this concept.
Introduction: The Dilemma of Secrecy and Democratic Accountability
1. The Arguments against Executive Privilege
2. The Arguments in Favor of Executive Privilege
3. Undermining a Constitutional Doctrine: Richard Nixon and the Abuse of Executive Privilege
4. The Post-Watergate Years I: The "Open" Presidencies of Gerald Ford and Jimmy Carter
5. The Post-Watergate Years II: Ronald Reagan, George H.W. Bush, and the Era of Divided Government
6. Beyond the Watergate Taint: Bill Clinton, George W. Bush, and the Effort to Restore Executive Privilege
7. Beyond the Watergate Taint III: George W. Bush, Barak Obama, and the Growing Discord over Executive Privilege
Conclusion: Resolving the Dilemma