Reclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution

Heidi Kitrosser

Jan 2015 · University of Chicago Press

About this ebook

Americans have long treated government accountability as a birthright. However, accountability is frequently tossed about in a rhetorically effective but substantively empty way. We often feel that those in government “work for us” and therefore must “answer to us,” but fail to grapple with the conditions under which we can really assess how accountable our government is. This is especially true with respect to matters of secrecy and transparency in government as, while we routinely voice support for transparency and accountability, we too often tolerate secrecy when associated with “national security.” The government plainly needs to keep some information secret, and there are ways to reconcile secrecy with accountability. In Reclaiming Accountability, unchecked secrecy is the primary concern as insufficient checking breeds unnecessary, even counterproductive, secrecy and is also deeply antithetical to accountability.
Heidi Kitrosser shows how, for all of its influence, “presidentialism” badly misreads the Constitution. The book first explains presidentialism and its major component parts – “supremacy” and “unitary executive theory.” It then details how supremacy and unitary executive theory manifest themselves as arguments for a broad presidential power to control information. The descriptive elements lay the groundwork for Kitrosser's two normative arguments. The first is that the Constitution situates the presidency within a substantive accountability framework that entails substantial congressional and judicial leeway to impose and enforce external and internal checks on presidential power to foster transparency and accountability. And, closely related, the second argument is that supremacy and unitary executive theory misread the Constitution.

About the author

Heidi Kitrosser is professor of law at the University of Minnesota.