4 ms·
> They can certainly say that, but since the executive power is constitutionally vested in the president in Article II, it can't be true barring a constitutiona
by r2_pilot 4y ago
> They can certainly say that, but since the executive power is constitutionally vested in the president in Article II, it can't be true barring a constitutional amendment.
Re: that case; yes for executive classification [The Supreme Court determined in its 1988 decision on Department of the Navy v. Egan that the president’s power over classified information comes from executive authority granted by Article II, Section 2 of the U.S. Constitution, which says, in part, that the “President shall be Commander in Chief of the Army and Navy of the United States.”]. However, Restricted Data is under the SOLE authority of the Department of Energy[1] to declassify, even if the DoE is under the executive branch. The law is specifically written, in fact, so that the president is not explicitly given the authority to declassify materials, yet does play a role in declassification once the DoE initiates the process, which implies that Congress did not wish to grant the presidency that power. But I'm not a lawyer, and my opinion means little.
[1]: https://www.law.cornell.edu/uscode/text/42/2162 https://www.law.cornell.edu/uscode/text/42/2162