"We therefore think, that by the two proclamations and the commission to Governor Melville, the King had immediately and irrecoverably granted to all who were or should become inhabitants, or who had, or should acquire property in the island of Grenada, or more generally to all whom it might concern, that the subordinate legislation over the island should be exercised by an assembly with the consent of the governor and council, in like manner as the other islands belonging to the King. Therefore, though the abolishing the duties of the French King and the substituting this tax in its stead, which according to the finding in this special verdict is paid in all the British Leeward Islands, is just and equitable with respect to Grenada itself, and the other British Leeward Islands, yet, through the inattention of the King's servants, in inverting the order in which the instruments should have passed, and been notoriously published, the last Act is contradictory to, and a violation of the first, and is, therefore, void. How proper soever it may be in respect to the object of the letters patent of the 20th July, 1764, to use the words of Sir Philip Yorke and Sir Clement Wearge, 'It can only now be done, by the assembly of the island, or by an Act of the Parliament of Great Britain.'"
President Bush invoked executive privilege today for the first time in his administration to block a Congressional committee trying to review documents about a decades-long scandal involving F.B.I. misuse of mob informants in Boston.
Citing executive privilege, President George W. Bush on Wednesday rejected a subpoena for his close adviser Karl Rove to testify to the Senate Judiciary Committee in a probe over fired federal prosecutors.
"It seems that the House Judiciary Committee is considering seeking help from the Justice Department to enforce contempt citations against Bush administration officials such as Joshua Bolten who refuse to respond to congressional inquiries into alleged White House wrongdoing. That would be a mistake.
Such a strategy leaves Congress beholden to hostile executive branch officials to...
"Last Friday, Heritage's Steve Bucci wrote a piece on the defeat of the cybersecurity legislation in the Senate and called for President Obama to respect the will of the people's duly elected representatives. However, President Obama seems to have missed that blog, since over the weekend, White House press secretary Jay Carney sent an e-mail indicating that the President is indeed considering...
"Over the weekend, a draft of a cybersecurity executive order was shown to members of the press. Leaked reports of secretive decision making are what the U.S. gets when the President decides to ignore the democratic process and implement rules by executive fiat. The U.S. also gets policies that are often incomplete and poorly thought out.
"President Obama's decision Wednesday to assert executive privilege to shield his attorney general and the Justice Department from congressional investigators reignited a long-running Washington debate over the limits of White House power in which Obama has argued both sides."
"Post-9/11, the Bush administration has expanded the use of the state secrets privilege (SSP) to withhold evidence and dismiss cases that challenge the administration in U.S. courts. In doing so, the Bush administration is threatening judicial oversight and legal challenges of the Executive Branch's unraveling of civil rights and disregard for human rights in the name of the 'war on terror.'"
"The top Republican lawmaker investigating the botched gun-trafficking operation known as Operation
'Fast and Furious' pressed the White House late Monday to explain why it decided to invoke executive privilege over documents requested as part of the probe — a last-ditch attempt to reach an agreement with the Obama administration and fend off a contempt vote against Attorney General Eric H. Holder Jr."
"A federal judge Tuesday threw out a lawsuit filed against the U.S. government and the FBI over the agency's spying on Orange County Muslims, ruling that allowing the suit to go forward would risk divulging sensitive state secrets."
"The Republican-run House voted Thursday to hold Attorney General Eric Holder in contempt of Congress, protesting his refusal to turn over documents related to the 'Fast and Furious' gun-trafficking investigation.
GOP lawmakers cast Holder as an obstructionist in the probe of a botched operation that contributed to the death of a border patrol agent; Holder and White House officials...
"For the first time in nearly 60 years, the Supreme Court on Tuesday will consider the limits of 'state secrets,' a legal doctrine the government often cites to quash lawsuits it says could expose information vital to national security."
"The House of Representatives voted Thursday to hold Attorney General Eric Holder in contempt for refusing to turn over documents tied to the botched Fast and Furious gun-running sting -- a discredited operation that has become a sharp point of contention between Democrats and Republicans in Washington.
The House approved a pair of criminal and civil measures against the attorney...
"The House of Representatives voted Thursday to make Eric H. Holder Jr. the first sitting attorney general held in contempt of Congress in U.S. history after he withheld documents that Republican lawmakers demanded as part of an investigation into a flawed gunrunning operation."
"The GOP-led House voted Thursday to hold Attorney General Eric Holder in contempt of Congress for failing to provide key information pertaining to Operation Fast and Furious, making Holder the first sitting Cabinet member to be held in contempt.
The vote was 255-67, with 17 Democrats breaking ranks to side with Republicans in favor of contempt.
"Obama and his successors in the White House would be banned from using false claims of national security to conceal 'embarrassing or unlawful conduct' by the government, under new legislation proposed by lawmakers on both sides of the House."
"Yesterday, Mitt Romney assailed President Obama for a lack of transparency in invoking executive privilege to withhold documents related to the botched gun-walking Operation 'Fast and Furious' to the House Government and Oversight Committee. In the Romney campaign's released statement, headlined 'Transparent Hypocrisy: Obama's Fast and Furious Broken Promises,' Romney campaign spokeswoman Andrea Saul said: 'President Obama's pledge to be transparent has turned out to be just another broken promise.' Romney is following Republicans in Congress who already have seized upon the issue for partisan and political gain. Last month, in a vote of 255 to 67, with 108 Democrats abstaining, the House of Representatives voted to hold Attorney General Eric H. Holder, Jr. in contempt of Congress, a move that Holder described as a proxy attack against President Obama."
"In recent years, there has been renewed interest in the proper use and possible abuse of executive orders and other presidential directives. Many citizens and lawmakers expressed concern over the content and scope of several of President Bill Clinton's executive orders and land proclamations. Congress responded with hearings and the consideration of several bills designed to curb the...
"Congress and the White House appear headed for a showdown over President Bush's decision to invoke executive privilege to deny documents to House and Senate committees and prevent former aides from testifying about the firing of U.S. attorneys.
Lawmakers, in turn, have threatened to hold subpoenaed officials in contempt of Congress.
"Executive privilege is the president's constitutional prerogative to withhold certain information requested by Congress. This prerogative is justified primarily by the president's need to receive candid advice from his advisers."
An article detailing the author's beliefs concerning executive privilege and the State Secrets Privilege. The author asserts that other factors should be considered before a "blanket" claim to executive privilege can be made.
"What is the state secrets privilege? Under this privilege, the executive branch claims that the disclosure of certain evidence in court may damage national security and therefore cannot be released in litigation."
Mark Rozell speaks on the topic of executive privilege. He states his belief that it is a constitutionally based power but it is also one subject to misuse and should be balanced with the other branches.
President Andrew Jackson's letter to the Senate stating that the executive, as a separate political body equal to the Senate, is not required to disclose private interactions with its council without sufficient reason.
The Supreme Court case dealing with Vice-President Cheney's involvement with the National Energy Policy Development Group. The Supreme Court ruled 7-2 that the District court should have considered Cheney's demand for privilege.
"Congress's contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish the contemnor, and/or to remove the obstruction. Although arguably any action that directly obstructs the effort of Congress to exercise its constitutional powers may constitute a contempt, in recent...
A case involving a group of knights who were wrongfully imprisoned. They appealed for a writ of habeas corpus, which was denied but the court ruled that the king couldn't imprison people whenever he wished.
Dwight D. Eisenhower's policy on executive privilege. It says that responsibility for information disclosed shall lie with the president alone. No person shall testify or communicate information received in meetings regardless of who would benefit from it.
An executive order issued by President William Howard Taft stating that an official is required to furnish all information requested of him unless, in his judgment, it is detrimental to the public interest.
An executive order issued by President Ronald Reagan asserting the executive privilege of former and incumbent presidents dealing with the release of information by the National Archives and Records Administration.
An executive order issued by President Barack Obama revoking Executive Order 13233. It allows for information concerning previous presidents to be released, but executive privilege can be established if deemed necessary.
Thomas Jefferson's letter to George Hay asserting his executive privilege to disclose parts of a letter dealing with Aaron Burr's trial, but also to withhold the information not pertaining to the matter.
Thomas Jefferson writes that certain matters of the executive branch are public, and they can be disclosed without hesitation. Some matters ... are considered private and should be known only to the executive branch for the sake of national security.
Hobbes argued that a state of nature (an environment without a government imposing order) would be "the war of all against all" and life in such an environment would be "solitary, poor, nasty, brutish, and short."
The Magna Carta was the first set of rules curtailing an English king's power. It was formulated and passed under King John's reign. Specifically, it curtailed his right to arbitrarily punish subjects. It has been revised many times over the centuries.
Unless [the President] can give his advisers some assurance of confidentiality, a President could not expect to receive the full and frank submissions of facts and opinions upon which effective discharge of his duties depends.
David Hume's work describing and establishing the practice of passive obedience. This best became known as a religious and political doctrine advocating the absolute supremacy of the Crown and the treatment of any dissent (or more precisely, disobedience) as sinful and unlawful.
"As usurpation is the exercise of power which another hath a right to, so tyranny is the exercise of power beyond right, which nobody can have a right to; and this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private, separate advantage. When the governor, however entitled, makes not the law, but...
John Stuart Mill was a British political philosopher and politician. In this classic essay, he argues that "the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others.... Over himself, over his own body and mind, the individual is sovereign."
This act sets out to amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records.
To amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records.
The Bill declares that in any civil action brought in federal or state court the government has a privilege to refuse to give information and to prevent any person from giving information... if the information could cause harm to national defense.
The Constitution of the United States established the federal governmental system currently in place with three branches of government. The premise of executive privilege developed from the separation of powers clause.
The opinion of the court in the U.S. vs. Nixon trial. The court ruled Nixon must hand over unedited copies of tape-recordings involving conversations between him and seven men indicted in the Watergate Scandal.
Drawing on White House and congressional documents as well as on personal interviews, Mark Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process.
This book is a fresh interpretation of the events leading to the Glorious Revolution of 1688, showing the significance of James II's prosecution of seven bishops as the signal for the revolution itself.
"When it comes to our prosperity, our freedom tradition, and our constitutional government, President Barack Obama has been the great destroyer—knocking down the free-market economy and principles of limited government that have made America the envy of the world.
As New York Times bestselling author David Limbaugh documents in chilling detail in his new book, The Great...
Arthur M. Schlesinger, Jr., traces the growth of presidential power over two centuries, from George Washington to George W. Bush, examining how it has both served and harmed the Constitution and what Americans can do about it in years to come.
The Association of American Educators (AAE) advances the teaching profession through personal growth, professional development, teacher advocacy and protection, as well as promoting excellence in education so that our members receive the respect, recognition and reward they deserve.