Congressional Access to and Control and Release of Sensitive Government Information: Hearings Before the Subcommittee on Separation of Powers of the Committee on the Judiciary, United States Senate, Ninety-fourth Congress, Second Session, March 11 and 12, 1976U.S. Government Printing Office, 1977 - 121 páginas |
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Palavras e frases frequentes
ACLU Administration ARY OF CONGRESS Attorney authority branch of government Chairman claim of executive classification system classified information conduct confidential CONGRESS THE LIBRARY congressional access constitutional power Curtiss-Wright Export Corp D.C. Cir decision disclosed disclosure discretionary doctrine documents executive agencies executive branch Executive order executive privilege fact foreign affairs Freedom of Information gress Hearings Information Act inquiry intelligence investigation issue JAMES ABOUREZK judicial review Kennedy LAW JOURNAL Vol leaks legislative letter LIBRARY OF CONGRES LIBRARY OF CONGRESS litigation MARCY MARGOLIS ment Moss national security Nixon officers OHIO STATE LAW Pentagon Papers person President Presidential problem procedure Professor KURLAND protect question refusal release request rules SCALIA secrecy secret Secretary secrets privilege Senator ABOUREZK Senator MATHIAS sensitive Government information sensitive information separation of powers SHATTUCK staff statement statute subcommittee subpena Subpoena Duces Tecum suggest Supreme Court tapes testimony tion tive United White House withhold information
Passagens conhecidas
Página 82 - We start with several basic premises on which there is general agreement, the power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in our social, economic or political system for the purpose of enabling Congress to remedy them.
Página 57 - The Founders of this Nation entrusted the lawmaking power to the Congress alone in both good and bad times. It would do no good to recall the historical events, the fears of power and the hopes for freedom that lay behind their choice. Such a review would but confirm our holding that this seizure order cannot stand.
Página 57 - When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate.
Página 41 - The nature of foreign negotiations requires caution, and their success must often depend on secrecy ; and, even when brought to a conclusion, a full disclosure of all the measures, demands, or eventual concessions, which may have been proposed or contemplated, would be extremely impolitic; for this might have a pernicious influence on future negotiations, or produce immediate inconveniences, perhaps danger and mischief, in relation to other powers.
Página 23 - Judicial control over the evidence in a case cannot be abdicated to the caprice of executive officers. Yet we will not go so far as to say that the court may automatically require a complete disclosure to the judge before the claim of privilege will be accepted in any case.
Página 51 - The executive power is vested in a President; and as far as his powers are derived from the constitution, he is beyond the reach of any other department, except in the mode prescribed by the constitution through the impeaching power.
Página 74 - ... general purposes of the legislation as reflected by the debates, all combine to demonstrate the Congressional intent to create a body of experts who shall gain experience by length of service — a body which shall be independent of executive authority, except in its selection, and free to exercise its judgment without the leave or hindrance of any other official or any department of the government.
Página 50 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Página 57 - When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.
Página 41 - He has his confidential sources of information. He has his agents in the form of diplomatic, consular and other officials. Secrecy in respect of information gathered by them may be highly necessary, and the premature disclosure of it productive of harmful results.