The presidency as an institution 437conversations with the president. President Obama invoked executive privilege several
times, in cases ranging from demands by congressional Republicans for documents
related to a Justice Department sting operation, to requests by both Republicans and
Democrats for information on drone strikes against terrorist groups (see the Take
a Stand feature). In the former case, federal courts rejected Obama’s claim, forcing
release of the documents; in the latter, members of Congress did not pursue their
claims in the courts. The claims made by Trump’s appointees have also not been
litigated.
Claims of executive privilege present a dilemma. On the one hand, members of
Congress need to know what is happening in the executive branch. In the case of
President Nixon and the Watergate scandal, claims of executive privilege allowed
the Watergate cover-up to continue for more than a year and would have kept this
information secret permanently if the Supreme Court had ruled in Nixon’s favor.^22
Exercising executive privilege can also weaken accountability to the public, as
restricting information may leave the average voter unaware of what an administration
is doing. On the other hand, the president and his or her staff need to be able to
communicate freely and discuss alternative strategies, hypothetical situations, or
national security secrets without fear that they will be forced to reveal conversations
that could become politically embarrassing or costly.Attorney General Jeff Sessions
claimed executive privilege in refusing
to answer questions about Oval Office
conversations with the president in the
Russia investigation.“Why
Should
I Care?”
Criticisms of presidents often center on cases of inaction or failure, in which they
do nothing to address a national problem or they try to change policy but are
unsuccessful. The underlying expectation is that presidents are powerful and can do
anything. The reality is that presidents are more powerful in some areas than others—
for example, when they negotiate with foreign leaders versus when they propose
changes in spending, which require congressional approval. Thus, when we judge
presidents’ performance, we must consider whether achieving their goals required the
assistance of others to make their proposals a reality.The Presidency as an Institution
As head of the executive branch, the president runs a huge, complex organization
with hundreds of thousands of employees. We speak of this organization as an
“institution” to emphasize that both the structure of the executive branch (the division
of responsibilities across different agencies and offices) and the individuals who serve
in different positions (their experience, skills, and ideological leanings) can have a
profound impact on government policies. This section describes the organizations and
staff who help the president exercise his or her vast responsibilities, from managing
disaster-response efforts to implementing policy changes.^23 Among these employees
are appointees who hold senior positions in the government. These individuals serve
as the president’s eyes and ears in the bureaucracy, making sure that bureaucrats are
following presidential directives.EXPLAIN HOW THE EXECUTIVE
OFFICE OF THE PRESIDENT,
THE VICE PRESIDENT, THE
FIRST SPOUSE, AND THE
CABINET HELP THE PRESIDENTFull_13_APT_64431_ch12_418-453.indd 437 16/11/18 10:33 AM