The article addresses the critical, and much-discussed, issue of the growth of executive branch secrecy from a unique perspective. It identifies the case of United States v. Nixon—a case that ironically is celebrated for limiting presidential power—as a foundation for the modern culture of excessive executive secrecy, and especially for the use of executive privilege to block legislative inquiries into executive-branch policy.

On principles that should govern “The Laws on Congressional Notification of Intelligence Activities,” and the harms caused by insufficient Congressional oversight.