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Sen Joseph Joe Mccarthy — Part 5
Page 83
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* Although I have mentioned cnly a few cf the precedents, I might dd
that almost every President has found it necessary at scme time during his
ndministration to decline, for reasons of public policy, to furnish ecanfi-
dential papers tc congressional committees. The courts have recognized
this constitutional prerogetive of the Chief Executive and the great
constitutionnl schclers uniformly egree that it is for the President to
determine what prpers and information in the Executive branch must be re-
tained in confidence in the public interest. William Heward Teft, following
his term as President and pricr to his eppointment as Chicf Justice, summer-
ized the situation succinctly and eecurately when he wrote in his book,
The Chief Magistrate:
The President is required by the Constitution from
time tc time to give to Congress informztion on the
state of the Union, and tc recommend fcr its considera-
tion such measures s he shell judge necesscry and ex-
pedient, but this dces not entble Congress cr cither
House of Congress te elicit from him confidential in-
formetion which he has acquired for the purpose of en-
abling him to discharge his constitutions] duties, if he
does not deem the disclosure cof such information prudent
or in the public interest.
It is against this bnekground that we must consider President Truman's
directive cf March 13, 1948, concerning the confidential nature of loyrlty
files. Against this same bDackgrcund we must consider this Committee's
request for the production of such files.
in his directive, the President stated:
The efficient and just rdministration cf the Er-
ployee Loyalty Program, under Executive Order No. 9835
of March 21, 1947, requires thot reports, recerds,
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