State Secrets and Executive Power.
The writers analyze the state secrets privilege, which the Supreme Court held in United States v. Reynolds prevents disclosure of information in court proceedings when there is reasonable danger that compulsion of the evidence will reveal matters that should not be disclosed in the interest of natio...
| Published in: | Political Science Quarterly Vol. 120; no. 1; pp. 85 - 113 |
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| Main Authors: | , |
| Format: | Article |
| Published: |
Academy of Political Science
Spring 2005
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| Online Access: | View this record in EBSCOhost |
| Summary: | The writers analyze the state secrets privilege, which the Supreme Court held in United States v. Reynolds prevents disclosure of information in court proceedings when there is reasonable danger that compulsion of the evidence will reveal matters that should not be disclosed in the interest of national security. They note that most challenges to refusals to disclose information are addressed in the courts and assert that the state secrets privilege is now judicially mishandled to the detriment of America's constitutional system. They outline the political and legal origins and patterns of use of the privilege and highlight the significant issues of accountability and the reach of executive authority involved and the perplexing constitutional dilemmas facing the courts. |
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