U.S. v. Nixon: Main Idea
U.S. v. Nixon: Main Idea
The case of U.S. v. Nixon revolved around defining the scope of presidential power. Nixon argued that executive privilege protected him against the power of the courts, which would mean he could keep highly sensitive information secret from the courts and the public. The Supreme Court's decision did acknowledge the existence and need of executive privilege—like to keep sensitive military information, or your baby pictures, from leaking—but in this case, they decided that executive privilege didn't apply. Because this was a criminal investigation into the abuse of power by the Nixon Administration, the Supreme Court ruled that Nixon had to turn over his tapes to the Watergate Committee.
Questions
- What was President's Nixon's argument for keeping his tapes private?
- U.S. v. Nixon references earlier cases like Marbury v. Madison. How has presidential power expanded since the Jefferson Administration?
- Should a president face jail time for crimes committed in office?
- How does the U.S. v. Nixon decision affect the use of presidential power today?
Chew On This
The president should never be above the law and should have to respond to requests for info just like any other citizen.
If Nixon's suspiciousness hadn't made him tape every conversation in the Oval Office, the subpoena would have been unnecessary and none of this would have happened.
Quotes
Quote #1
But this presumptive privilege must be considered in light of our historic commitment to the rule of law. (IV.C.3)
The Court is striving for balance here between the president's special privileges and powers, and the need to conduct investigations so the courts can do their jobs.
Quote #2
In this case the President challenges a subpoena served on him as a third party requiring the production of materials for use in a criminal prosecution; he does so on the claim that he has a privilege against disclosure of confidential communications. He does not place his claim of privilege on the ground they are military or diplomatic secrets (IV.C.6)
Basically, executive privilege could have allowed President Nixon to keep his tapes secret if he had been discussing plans to bomb China or was sharing classified information about nuclear weapons. Not applicable here, though.
Quote #3
No holding of the Court has defined the scope of judicial power specifically relating to the enforcement of a subpoena for confidential Presidential communications for use in a criminal prosecution, but other exercises of power by the Executive Branch and the Legislative Branch have been found invalid as in conflict with the constitution. (IV.A.2)
The Supreme Court is used to trying criminal cases, but it's not used to trying criminal cases where the president is on trial. Constitutionally, U.S. v. Nixon was a mess.