What does executive privilege allow the President to do?

Executive privilege allows the President to withhold information from Congress or the courts, primarily to protect sensitive communications within the executive branch. This privilege is rooted in the separation of powers doctrine, which ensures that the executive branch can maintain confidentiality in certain matters, such as national security, diplomatic communications, and internal decision-making processes.

The concept of executive privilege has been recognized in various Supreme Court cases, which affirm the need for the president to receive candid advice without the fear of disclosure to outside parties. However, this privilege is not absolute and can be challenged in cases where the need for transparency and accountability is paramount, such as in federal investigations.

In contrast, the other choices reflect misconceptions about presidential powers. The president cannot make treaties without Senate approval, as Article II, Section 2 of the Constitution explicitly requires Senate consent for treaties. Similarly, the president lacks the authority to overrule Supreme Court decisions, which are binding law under the Constitution. Lastly, while the president does have the power to appoint ambassadors, such appointments require confirmation by the Senate, ensuring a check on the executive's power.