Control over Executive Branch Information: Who “Judges”?

2013 ◽  
Vol 46 (03) ◽  
pp. 498-504
Author(s):  
Nancy Kassop
Keyword(s):  
National Security ◽  
Executive Branch ◽  
The Other ◽  
Executive Power ◽  
Constitutional Interpretation ◽  
Scholarly Work ◽  
Checks And Balances ◽  
The Public ◽  
The Press

You may be forgiven if you associate Lou Fisher's name primarily with his robust defense of Congress's preeminent authority in national security and budgetary matters, or with the idea that courts are only one of three co-equal players in the constitutional dialogue that occurs among all of the branches, or with the related effort to disabuse scholars, the press, and the public of the profoundly incorrect notion that courts have “the last word” in constitutional interpretation. All of these themes are, indeed, key components of Fisher's vast body of scholarly work and public testimony, and they will be forever linked to him as their progenitor. Just as solidly grounded in impeccable research and unassailable logic is Fisher's work on executive power. It fits snugly within his Madisonian emphasis on a government of limited and shared powers, enforced through effective checks and balances, where each institution exercises its respective power while overseeing the other branches to ensure respect for constitutional boundaries.

Secrets and Leaks

2016 ◽  
Author(s):  
Rahul Sagar
Keyword(s):  
National Security ◽  
Relevant Information ◽  
Executive Power ◽  
The Public ◽  
The Press ◽  
The Law ◽  
Complex Relationships ◽  
Unauthorized Disclosure ◽  
Fear Of Retaliation

This book examines the complex relationships among executive power, national security, and secrecy. State secrecy is vital for national security, but it can also be used to conceal wrongdoing. How then can we ensure that this power is used responsibly? Typically, the onus is put on lawmakers and judges, who are expected to oversee the executive. Yet because these actors lack access to the relevant information and the ability to determine the harm likely to be caused by its disclosure, they often defer to the executive's claims about the need for secrecy. As a result, potential abuses are more often exposed by unauthorized disclosures published in the press. But should such disclosures, which violate the law, be condoned? Drawing on several cases, this book argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously—that is, to “leak” information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, the book claims, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism.

Eisenhower’s executive privilege and the public interest

2019 ◽  
pp. 54-84
Author(s):  
Kevin M. Baron
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
Executive Branch ◽  
Executive Power ◽  
Freedom Of Information ◽  
Government Information ◽  
Executive Orders ◽  
White House ◽  
The Public ◽  
The Creation

This chapter delves into the depths of one of the most important developments within modern American politics, the creation and institutionalization of executive privilege. In facing a fervent Congress in the grips of McCarthyism, Eisenhower issued a letter denying testimony to the Senate for the Army-McCarthy hearings. His letter included a memo from Attorney General Brownell that claimed the president had an inherent constitutional privilege to deny information to Congress or the public if it was in the public interest and for national security. This action institutionalized the Cold War Paradigm in the executive branch and created an extra-constitutional power for the president. Eisenhower issued several executive orders concerning classification and public dissemination of government information, along with the creation of the Office of Strategic Information (OSI) within the Commerce Department to oversee these policies. Eisenhower claimed historic precedent to justify his inherent constitutional power, regardless, it showed a learned response that changed executive power. Congress would respond in 1955 by creating the Special Subcommittee on Government Information chaired by Rep. John Moss, given jurisdiction for oversight on all executive branch information policies and practices. With the issue of freedom of information institutionalized in Congress, a 12-year legislative power struggle would unfold between Congress and the White House ending with the passage of the Freedom of Information Act in 1966.

Information Is Power

2021 ◽  
pp. 230-245
Author(s):  
Mary-Rose Papandrea
Keyword(s):  
National Security ◽  
First Amendment ◽  
Third Parties ◽  
Government Information ◽  
The Public ◽  
The Press ◽  
Security Information ◽  
Constitutional Right ◽  
Government Secrecy ◽  
Right Of Access

Balancing the equally important but sometimes conflicting priorities of government transparency for public accountability versus government secrecy for national security seems intractable. One possibility is to recognize a constitutional right of access to government information. This would support democratic self-governance, allow the public to engage in meaningful oversight, and provide access to necessary information without the game of leaks. It could radically refocus arguments regarding the rights of government employees to reveal national security information and of third parties to publish it. Recognizing this right faces an uphill battle against decades of First Amendment jurisprudence. It also faces innumerable logistical and practical obstacles. It would not eliminate the need to determine when the public, the press, and government insiders can disclose national security information. Nevertheless, the ongoing collapse of press access norms and government’s increasing desire to operate outside public view may warrant dramatically rethinking First Amendment scope and protections.

scholarly journals International project Communicating town

2005 ◽  
Vol 53 (3) ◽  
pp. 17-24
Author(s):  
Miroslav Foret ◽  
V. Foretová
Keyword(s):  
Czech Republic ◽  
The Other ◽  
International Project ◽  
The Czech Republic ◽  
Silent Majority ◽  
The Public ◽  
The Press ◽  
The Given ◽  
Opinion Polls

The main objectives of the project Communicating Town is to assist in an improvement of mutual relationships and communication between the council and the public. The use of opinion polls provide an opportunity for the silent majority of citizens to voice their views. The standardised interviews make it possible to get the respondents involved in communication activities. Each questionnaire had two parts; the first sought opinions on questions asked by the council in the given town and the other part was common to all the towns involved and allowed us to compare and make general conclusions. The results were presented in the press. During 1995–2000 nearly fifty towns in the Czech Republic and Slovakia participated in the project Communicating Town. The ten years of study within the framework of the project have demonstrated that this project can provide valuable contributions to many aspects of council and town policies. With each year, further towns have shown an interest in involvement in the project. The results from Brno, Loštice and Zlín, i.e., towns where opinion surveys were repeated at intervals of between one and four years, indicate that the relationships between citizens and the council have improved.

Liberaal en flamingant. Pol De Mont als politicus

2014 ◽  
Vol 73 (3) ◽  
pp. 202-225
Author(s):  
Ludo Stynen
Keyword(s):  
Student Leaders ◽  
The Other ◽  
Local Elections ◽  
Party Discipline ◽  
The Public ◽  
Other Hand ◽  
The Press ◽  
The One ◽  
Relationship Of

De dichter Pol De Mont, ooit een der eerste Vlaamse studentenleiders, raakte al snel bekend om zijn strijdbare Vlaamsgezinde, democratische en vrijzinnige standpunten. Bovendien wist hij als spreker moeiteloos een publiek mee te slepen. Toen de Antwerpse Liberale Vlaamsche Bond hem aar voren schoof als kandidaat voor de gemeenteraadsverkiezingen van 1890 was dat niet naar de zin van machtige Association libérale. Deze bijdrage heeft aandacht voor de perscampagne tegen De Mont, voor de tegenstellingen binnen de Antwerpse liberalen, en voor De Monts activiteiten in de Antwerpse provincieraad waarvoor hij in 1892 wel verkozen raakte. Belicht wordt de moeilijke relatie van toonaangevende Antwerpse liberale kringen en het flamingantische enerzijds, de onverenigbaarheid van De Monts idealen met de partijtucht anderzijds.________Liberal and supporter of the Flemish movement: Pol De Mont as a politician.The poet Pol De Mont, once one of the first Flemish student leaders soon became known for his militant pro-Flemish, democratic and liberal views. Moreover, he effortlessly managed to win over the public as a speaker. When the Antwerp Liberal Flemish Union proposed him as a candidate for the local elections in 1890, this displeased the powerful Association libérale. This contribution focuses on the press campaign against De Mont, the contradictions within the group of the Antwerp liberals, and the activities of De Mont in the Antwerp provincial council into which he did get elected in 1892. The article discusses the difficult relationship of the leading Antwerp liberal circles and the pro-Flemish movement on the one hand and the incompatibility between the ideals of De Mont and the party discipline on the other hand.

Fy, skam dig ikke! Skam som sanktioneret og konstruktiv følelse i den offentlige debat

2018 ◽  
Vol 22 (78) ◽  
pp. 75-86
Author(s):  
Lisa Storm Villadsen
Keyword(s):  
Political Philosophy ◽  
Queer Theory ◽  
Prime Minister ◽  
Political Rhetoric ◽  
Public Debate ◽  
The Other ◽  
Public Rhetoric ◽  
The Public ◽  
The Press ◽  
Public Reaction

This article contributes to scholarship on emotions in political rhetoric by way of complicating commonly held ­views on which types of emotions are appropriate in public debate. The article examines the feeling shame from two perspectives, each rhetorically and critically oriented: one is analytical, the other theoretical. The case material comes from Danish politics where a group of celebrities stated to the press that they felt ashamed on account of Denmark’s policy regarding refugees and immigrants. Based in analysis of the public reaction from the Prime Minister I show how the feeling shame and those who felt it were marked as inappropriate from public debate. In the latter part of the article I theorize on negative emotions and shame in public rhetoric. Drawing on contemporary political philosophy and feminist and queer theory I argue for a more nuanced view on appeals to the emotion ­shame. Closer reflection suggests that it does not necessarily imply the destructive social distancing one would ordinarily expect but that it has potential as a marker of solidarity with the collective and as such can drive ethical reconsideration

Should We Rely on Whistleblowers?

2016 ◽  
Author(s):  
Rahul Sagar
Keyword(s):  
National Security ◽  
Public Interest ◽  
Good Faith ◽  
Executive Power ◽  
The Public

This chapter examines the circumstances under which an official will be justified in violating laws that prohibit unauthorized disclosures of classified information. It explains why we cannot rely on the practice of whistleblowing to counter the misuse of state secrecy. It argues that an official may “blow the whistle” if he/she encounters classified information that clearly reveals wrongdoing posing an immediate and serious threat to the public interest, and if he/she makes a good faith effort to minimize the harm that the publication of this information may cause national security. It also asserts that the official must identify himself/herself so that we can assess whether his/her view of what constitutes a wrongful exercise of executive power is a disinterested one. Finally, it shows that would-be whistleblowers have little incentive to disclose their identity, because doing so makes them vulnerable to retaliation from their managers and colleagues.

How Conservatives Learned to Stop Worrying and Love Presidential Power

2012 ◽  
Author(s):  
Julian E. Zelizer
Keyword(s):  
National Security ◽  
Ronald Reagan ◽  
Executive Branch ◽  
Bill Clinton ◽  
Executive Power ◽  
Presidential Power ◽  
War On Terrorism ◽  
American Conservatism ◽  
Richard Nixon ◽  
The 1960S

This chapter examines how conservatives have come to embrace presidential power after an initial wariness. Before the 1970s, there were some conservative activists skeptical of—if not downright hostile toward—presidential power. A key turning point was the 1970s, when many conservatives believed that the congressional reforms that were passed in the aftermath of Watergate weakened the power of the executive branch and were a symbol of what went wrong as a result of the 1960s. The chapter first considers how the conservatives began to accept presidential power during the presidency of Richard Nixon between 1969 and 1974 before discussing congressional reforms in the area of national security. It also discusses the use of executive power under Ronald Reagan, who strengthened the marriage between American conservatism and presidential power; Bill Clinton; and George W. Bush, who expanded presidential power in his war on terrorism.

scholarly journals Antecedents of turnover in federal public administration

2018 ◽  
Vol 53 (3) ◽  
pp. 366-384
Author(s):  
Pedro Cavalcanti G. Ferreira ◽  
Elaine Rabelo Neiva
Keyword(s):  
Turnover Intention ◽  
Affective Commitment ◽  
Executive Branch ◽  
Structural Equations ◽  
Civil Servants ◽  
The Other ◽  
Content Type ◽  
The Public ◽  
Low Expectations ◽  
The Government

Purpose Understanding the reasons that lead civil servants to abandon their offices is an important step towards qualifying personnel management in the Federal Administration. The purpose of this study is to present an initial approach to the subject and to investigate variables that favor or reduce the turnover intention among civil servants in the Federal Executive Branch. Design/methodology/approach To fulfill the objective stated, the study resorted to variables of values, expectations and affective commitment to the organization. Variables were tested in a model of structural equations capable of verifying if these are antecedent or not of the turnover intention levels in a sample comprising 228 civil servants. Findings The validation of a model of structural equations unveiled a statistically relevant relation of dependence among values, expectations and the affective commitment to the organization. Moreover, engagement proved to be a mediator of the relation between the other variables and the turnover intention. Originality/value The work contributed to literature by presenting evidence that low expectations among civil servants bring low affective commitment which, in turn, leads to higher willingness to quit organizations. On the other hand, the same model showed that self-transcendent values, typical to the public career (serve the public), prevail among civil servants and positively impact commitment. This scenario shows that in people management all these elements of values and expectations must be worked on to reduce the number of civil servants that quit the government every year, as well as the high costs associated with quitting.

scholarly journals Foreword: The NSA and the Legal Regime for Foreign Intelligence Surveillance

2018 ◽  
Author(s):  
Peter M. Shane
Keyword(s):  
National Security ◽  
Information Society ◽  
Civil Liberty ◽  
Executive Branch ◽  
The Other ◽  
Electronic Surveillance ◽  
Legal Regime ◽  
Law And Policy ◽  
History Of ◽  
Security Surveillance

This paper introduces a symposium, published in Volume 10, Issue 2 of I/S: A Journal of Law and Policy for the Information Society, entitled, "NSA Surveillance: Security, Privacy, and Civil Liberty," which is available at http://moritzlaw.osu.edu/students/groups/is/volume-102/. The paper traces the history of electronic surveillance law by way of explaining how our laws have evolved to a stage where lawyers could plausibly defend the government’s entitlement to capture and store an immense volume of our telephone and online communications, as well as metadata about both. It goes on to introduce the other papers in the symposium and concludes by arguing the importance of executive branch acquiescence in such statutory limits as Congress may impose on national security surveillance as it affects Americans.

Sign in / Sign up

Export Citation Format

Share Document