Social Learning and the Political Power Dynamics of Executive Privilege in a Cold War Paradigm

Abstract

Executive privilege is a concept scholars have been debating for decades. While most discussions focus on the constitutionality of executive privilege, some have taken a more political perspective. Leaving aside constitutional arguments, this research provides a new perspective on understanding the politics of executive privilege in the modern era. Through a social learning lens, executive privilege becomes a political football of institutional power dynamics between the legislative and executive branches. Demonstrating a mindset paradigm shift to a Cold War perspective, the president and administrative actors, beginning with Truman, took actions to decrease information flows to Congress. Congress would respond or react to administration actions by seeking to curb executive power, eventually leading to policy becoming a tool of leverage. Following World War II, this research traces the political back and forth of executive privilege as a tool of institutional power, tracing the early development from Truman through LBJ. Understanding the power interactions during this period deepens our insight into contemporary debates. This historical analysis provides for policy as an additional legislative tool of leverage that has largely been ignored by scholars. Analyzing the development of the Freedom of Information Act provides an example of how policy is directly tied to issues of executive privilege and used as a congressional check on presidential power.