Supreme Court Cases Period 1 Fall 2015

By: Phoebe Clawson
US v. Nixon (1974)
Background Information
Five months before the 1972 election, burglars were discovered in the Democratic Party headquarters in the Watergate
apartment complex in Washington. The burglary was found to be connected to President Nixon and other White House
officials. Nixon denied affiliation with the scandal, but refused to turn over audiotapes of his phone conversations to Congress,
claiming that they were covered by “executive privilege”, the President’s right to keep information classified.
Constitutional Issue(s)
Is the President’s right/executive privilege to safeguard certain information (confidentiality power) immune from judicial
review?
Supreme Court Decision (Majority Opinion)
No, neither the separation of powers nor the need for confidentiality of high-level communications can sustain an absolute
executive privilege. The fundamental demands of due process of law must be followed. All nine of the Supreme Court justices
agreed on this decision (9:0)
Precedent
The president is not completely immune from a Supreme Court subpoena.
Concurring Opinion(s)
No Concurring Opinions
Dissenting Opinion(s)
No Dissenting Opinions
Sources Cited (MLA)
"United States v. Nixon." LII / Legal Information Institute. N.p., n.d. Web. 08 Dec. 2015.
"{{meta.pageTitle}}." {{meta.siteName}}. N.p., n.d. Web. 08 Dec. 2015.
"United States v. Nixon 418 U.S. 683 (1974)." Justia Law. N.p., n.d. Web. 08 Dec. 2015.
Quick Links
https://www.law.cornell.edu/supremecourt/text/418/683#writing-USSC_CR_0418_0683_ZO
https://www.oyez.org/cases/1973/73-1766
https://supreme.justia.com/cases/federal/us/418/683/
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