Executive Privilege vs. Legislative Statute: National Security Classification Policy

Abstract

Abstract : Secrecy has been used since the Colonial days to protect our national interests. With the end of the Cold War and a perceived lack of serious and visible threats to our national security, members of Congress are taking the opportunity to push for statutory reform of the classification system. Starting with the Truman Administration, presidents have issued executive orders to classify secrets and protect national security. Statutory codification of the current classification policy would render a president's use executive privilege to protect national security obsolete. Upsetting the Constitutional balance of power between the Executive and Legislative Branches of government, a classification statute would tip the scales in favor of the Legislative Branch. The proposed statute is flawed and, if implemented, would seriously weaken our national security, as well as change the balance of government power. While the current policy is not perfect, it does protect our national security, reduce government secrecy, and maintain the balance of power. Therefore, the current policy should continue to govern the national security classification system.