Reading Room Document

The Constitutional Privilege for Executive Branch Deliberations: The Dispute with a House Subcommittee over Documents Concerning the Gasoline Conservation Fee

This document presents the executive branch's response to a House Subcommittee's demand for certain documents concerning the Gasoline Conservation Fee. The memorandum confirms the executive branch's views on the legitimacy of withholding deliberative materials from Congress and the public. The conclusion reached is that the President has the power to protect the confidentiality of deliberations within the executive branch. The document also outlines the duty of each branch to attempt to accommodate the legitimate needs of the other, and the need for Congress to articulate its specific legislative need for the requested information. The executive branch acknowledged the Subcommittee's legitimate interest in the information and offered various accommodations, while also being prepared to release additional documents if the Subcommittee's need outweighed the executive branch's interest in maintaining their confidentiality. The document raises questions about the constitutional privilege for executive branch deliberations and the duty of each branch to accommodate the legitimate needs of the other.

January 13, 1981