Supreme Structure

The structure of the U.S. v. Nixon opinion is divided into six separate sections. Each section deals with a certain aspect of the case which explains (at length) the justification of the court's decision.

How it Breaks Down

Section 1: Summary of the Case (Syllabus/Opening)

The first section of U.S. v. Nixon summarizes the charges against President Nixon (which you've heard a thousand times by now) and what happened in the District Court. It's a rundown on the issues in the entire case and the final decision of the Supreme Court.

Section 2: Jurisdiction

The second section begins the official opinion written by Chief Justice Burger. It discusses the jurisdiction of the Supreme Court in the conflict between Nixon and the special prosecutor. The court decided: "[…] the judiciary, not the President, was the final arbiter of a claim of executive privilege."

Burn.

Section 3: Justiciability

Nixon's lawyers claim that this is an "intra-branch" dispute within the executive branch, and the courts have no jurisdiction and need to butt out. They claimed that this matter wasn't a case that could be brought to trial. The Court cites the power of the Attorney General of the United States, whose authority has been delegated to the Watergate special prosecutor. Because of this authority, the case has justiciability and can be tried in the courts. Nixon's lawyers lose this round.

Section 4: Rule 17(c)

As defined in our "Glossary" section, Rule 17(c) allows a subpoena to order a witness to produce any books, papers, documents, data, or other objects to be used as evidence. In order for the special prosecutor to claim Rule 17(c), the special prosecutor must prove: relevancy, admissibility, and specificity. U.S. v. Nixon concludes that the special prosecutor did indeed clear those three hurdles.

Another win for the special prosecutor.

Section 5: The Claim of Privilege

After the Supreme Court is satisfied that that requirements of Rule 17(c) are met, the court then considers President Nixon's claim of executive privilege. Nixon's layers claim that the subpoena should be quashed because "confidential conversations between a President and his close advisors that it would be inconsistent with the public interest to produce." The Supreme Court decides that "the doctrine of separation of powers, nor the need for confidentiality of high-level communications without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances." In other words, executive privilege is not an absolute. Without a claim of military, diplomatic, or sensitive national security interests, the Prez has to cough up the evidence.

Section 6: Footnotes

Unless you're a law student, nobody really reads this part anyway. Just saying.