Question

Executive privilege refers to the right of the Supreme Court to withhold information from the public. Please select the best answer from the choices provided T F

Answer 1

Correct answer:  

False

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"Executive privilege" refers to a privilege held by the EXECUTIVE branch of government.  The Supreme Court heads the judicial branch.  The President heads the executive branch.

The Constitution of the United States asserts (in Article II, Section 1): "The executive Power shall be vested in a President of the United States of America." The role of chief executive means that the President holds the primary administrative role in the federal government.

According to National Public Radio (NPR), "Nowhere does the Constitution mention the term or the concept of executive privilege."  That hasn't stopped Presidents from asserting they have such a privilege.  NPR notes that "President Dwight Eisenhower was the first president to coin the phrase 'executive privilege,' but not the first to invoke its principle: namely, that a president has the right to withhold certain information from Congress, the courts or anyone else — even when faced with a subpoena."   Already in the administration of our first president, George Washington, such a claim was made.  In that instance, Washington lost the argument and was required to hand over documents that Congress had requested about an expedition against American Indian tribes along the Ohio River.