Executive privilege is an implied power of the executive. This has been debated throughout our history . The courts has generally taken a position that it will not rule on issues of separation of powers ;even though they have in fact ruled both ways throughout history ;so the issue will continue to be debated.
The executive privilege clearly states that individuals connected to the executive branch of government will not acquiesce to demand to disclose confidential information in cases where the outcome will negative affect on the executive branch or detrimental operations.
That is not what it implies at all. Generally Presidents have argued that they cannot get candid advice from their staff if the staff is then compelled to testify to Congress and have their advice revealed under oath and posibly jeopardize them .Even in the Watergate case;where the courts made a rare ruling against executive privilege the ruling allowed for
"the valid need for protection of communications between high government officials and those who advise and assist them in the performance of their manifold duties."
You are correct in saying that
it has been used by past and present Presidents. In fact perhaps the earliest use of the concept was in the Washington Administration. Alexander Hamilton created a National Bank and Washington directed him to justify it Constitutionally against protests by Jefferson ,and Madison . He made the defense that the sovereign duties of a government implied the right to use means adequate to its ends. Although the United States government was sovereign only as to certain objects, it was impossible to define all the means which it should use, because it was impossible for the founders to anticipate all future exigencies. Hamilton noted that the "general welfare clause" and the "necessary and proper" clause gave elasticity to the constitution.
Ironically Jefferson who argued against the concept had no trouble invoking executive privilege when he purchased the Lousiana Territory.
Ok so the debate continues then . My position on this is that all 3 branches have implied powers that are subject to use and abuse. We have just discussed executive powers but how about legislative and judicial implied powers ?
Does the
Necessary-and-proper clause. Or the
"elastic clause" (Article 1 Sec 8)allow Congress to pass laws that go beyond the scope of enumerated powers ? They do all the time.
Necessary-and-proper clause - Wikipedia, the free encyclopedia
Nowhere in the constitution is the concept of judicial review. But SCOTUS in McCulloch Vs. Maryland and Marbury v. Madison ,decided that they indeed have implied powers
Why are McCulloch Vs. Maryland and Marbury Vs. Madison important? - Yahoo! Answers.