Cover: Executive Privilege: A Constitutional Myth, from Harvard University PressCover: Executive Privilege in E-DITION

Executive Privilege

A Constitutional Myth

Available from De Gruyter »

Product Details

E-DITION

$65.00 • £54.95 • €60.00

ISBN 9780674733756

Publication Date: 01/01/1974

Harvard University Press has partnered with De Gruyter to make available for sale worldwide virtually all in-copyright HUP books that had become unavailable since their original publication. The 2,800 titles in the “e-ditions” program can be purchased individually as PDF eBooks or as hardcover reprint (“print-on-demand”) editions via the “Available from De Gruyter” link above. They are also available to institutions in ten separate subject-area packages that reflect the entire spectrum of the Press’s catalog. More about the E-ditions Program »

In Executive Privilege: A Constitutional Myth, Raoul Berger demonstrates that the presidential claim of authority to withhold information is without historical foundation. This pioneer study is a trenchant refutation of the self-serving presidential “precedents” upon which the executive branch relies. By examining the Parliamentary and constitutional basis for the “claims” of privilege, Berger exposes the shallow and disingenuous “proofs” now on record. His study balances the possible investigatory excesses against the evils which have resulted from resorting to executive secrecy, and Berger maintains that our democratic system is imperiled by the assumption that the people and the Congress may know only as much as the President considers appropriate. If there must be secrecy, Berger concludes, its bounds should be determined by the courts, not by the branch of government interested in concealing unratified policies or misconduct. One of the author’s prime examples of how misconstrued power and secrecy have led to disastrous results is the escalation by stealth of America’s involvement in the war in Asia. Berger’s history is the most complete account of executive privilege ever attempted. His epilogue brings the whole question of executive secrecy up to date.

Recent News

Black lives matter. Black voices matter. A statement from HUP »

From Our Blog

Jacket: An Inquiry into Modes of Existence: An Anthropology of the Moderns, by Bruno Latour, translated by Catherine Porter, from Harvard University Press

Honoring Latour

In awarding Bruno Latour the 2021 Kyoto Prize for Arts and Philosophy, the Inamori Foundation said he has “revolutionized the conventional view of science” and “his philosophy re-examines ‘modernity’ based on the dualism of nature and society.” Below is an excerpt from An Inquiry into Modes of Existence: An Anthropology of the Moderns. For more than twenty years, scientific and technological controversies have proliferated in number and scope, eventually reaching the climate itself. Since geologists are beginning to use the term “Anthropocene” to designate the era of Earth’s history that follows the Holocene