“Not a Single Privilege Is Annexed to His Character”: Necessary and Proper Executive Privileges and Immunities

Abstract

By design, the presidency is exceptional. Other branches are plural. Congress, a bicameral legislature, was always meant to have scores of members and now has over 500. Due to Congress exercising the option of creating lower federal courts, the federal judiciary is larger still, with judicial power fractured amongmore than a hundred federal courts and hundreds of judges. In contrast, one personmay command the military, steward foreign affairs, pardon federal offenses, direct the execution of federal law, and superintend the bureaucracy. The presidency is hardly all-powerful, for there are several express and