What is Nixon's view of executive privilege?
Nixon executive privilege was not a right possessed only by the president and selected White House insiders. Rather, in Nixon's view executive privilege could be invoked by the president on behalf of all executive branch officials. As noted above, Nixon claimed that the President's exercise of power could not be questioned by the other
What did the Supreme Court decide in Nixon v Nixon?
unanimous decision of the Court in the Nixon case affirmed the legitimacy of executive privilege as it is implied in the Constitution. The Court decided as well that executive privilege is not an absolute presidential power. Rather, the specific circumstances surrounding any claim of executive privilege must be considered. The Court also
Who was the first president to assume executive privilege?
Graff goes on to say as much: “No President prior to Richard M. Nixon had ever made such an extreme assertion of executive privilege in peacetime.” Though plenty of others have invoked the idea, Nixon remains to this day the president most closely associated with the concept.
What did Nixon do to protect the nation?
President Nixon went beyond notions of protecting the nation's security, the public interest, and the privacy of his aides, to using claims of privilege for purposes of political expediency, withholding of embarrassing (not vital) informa tion, and covering up executive abuses of power.
How did US v Nixon limit executive privilege?
Unanimous decision The Court granted that there was a limited executive privilege in areas of military or diplomatic affairs, but gave preference to "the fundamental demands of due process of law in the fair administration of justice." Therefore, the president must obey the subpoena and produce the tapes and documents.
What did Nixon believe about executive privilege quizlet?
nixon believed what about executive privilege? that it was justified during watergate. why do you think ford made his speech immediately after gaining the presidency? he wanted to restore confidence in government.
What Amendment was violated in US v Nixon?
Immediately after this Act was enacted, Richard Nixon filed a lawsuit in a federal district court claiming that the Act violated the principle of separation of powers, the principle of presidential privilege, Nixon's personal privacy, his First Amendment right of association, and further asserted that it amounted to a ...
When did executive privilege start?
Although the term executive privilege was coined by the administration of Pres. Dwight D. Eisenhower in the 1950s, privilege claims in the United States have a long tradition within the executive branch.
What reasons did Nixon give for justifying his claim of executive privilege?
Nixon argued that the concept of executive privilege gave him the power to withhold sensitive information, such as the tapes, from other government branches in order to maintain confidential communications within the executive branch and to secure the national interest.
What was the U.S. vs Nixon case about quizlet?
What happened in this case? - In 1972, several thieves were caught breaking into the Democratic National Committee Headquarters. The thieves purpose was to steal information that would help current President Nixon, get reelected. The Federal Government then prosecuted Nixon.
What is the president's executive privilege?
The doctrine of executive privilege defines the authority of the President to withhold documents or information in his possession or in the possession of the executive branch from a compulsory process of the legislative or judicial branch of the government.
Which issue was decided by United States v Nixon?
Nixon, 418 U.S. 683 (1974) The President cannot shield himself from producing evidence in a criminal prosecution based on the doctrine of executive privilege, although it is valid in other situations.
What part of the Constitution deals with executive privilege?
Neither executive privilege nor the oversight power of Congress is explicitly mentioned in the United States Constitution.
What executive powers did Congress think Nixon abused?
Impeachment process against Richard NixonChargesAdopted: obstruction of justice, abuse of power, contempt of Congress Rejected: usurping congressional war powers, tax fraud5 more rows
What was Nixon trying to avoid by invoking executive privilege quizlet?
Nixon attempted to use executive privilege to protect conservation with aids related to the watergate scandal and to protect tapes that reveal discussion about Watergate. The Supreme Court in US vs Nixon ruled unanimously that the tapes were not protected by executive privilege.
Who was the first president to have a veto overridden?
The first successful congressional override occurred on March 3, 1845, when Congress overrode President John Tyler's veto of S. 66.
What is the executive privilege quizlet?
Executive privilege. An implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary (limited by US v. Nixon)
What is executive privilege and why is it controversial quizlet?
What is executive privilege and why is it controversial? power of President to refuse to disclose certain information to Congress or to the federal courts; controversial because executive privilege limits Congress's ability to check the power of the President.
What does executive privilege allow a president quizlet?
Executive privilege refers to the ability of the president to keep secret conversations with or memoranda to or from advisors. The Constitution does not mention such authority, but presidents have claimed it throughout American history.
When might the president use executive privilege quizlet?
In U.S. laws, the ultimate purpose of the executive privilege is that invoked to protect confidential military or diplomatic operations or to protect the private discussions and debates of the president with close aides.
What is executive privilege?
Conceptually, the doctrine of executive privilege may well reflect different considerations in different factual situations. Congress may seek information within the possession of the President, either in effectuation of its investigatory powers to oversee the conduct of officials of the Executive Branch or in effectuation of its power to impeach the President, Vice President, or civil officers of the Government. Private parties may seek information in the possession of the President either in civil litigation with the Government or in a criminal proceeding brought by government prosecutors. Generally, the categories of executive privilege have been the same whether it is Congress or a private individual seeking the information, but it is possible that the congressional assertion of need may over-balance the presidential claim to a greater degree than that of a private individual. The judicial precedents are so meager that it is not yet possible so to state, however.
Why was the information sought in Nixon important?
Although the information sought in Nixon was important to “the constitutional need for production of relevant evidence in a criminal proceeding ,” the suit against the Vice President was civil, and withholding the information “does not hamper another branch's ability to perform its 'essential functions.'” 542 U.S. at 383, 384.
What was the significance of the US vs Nixon case?
Obviously, United States v. Nixon left much unresolved. It did recognize the constitutional status of executive privilege as a doc trine. It did affirm the power of the courts to resolve disputes over claims of the privilege. But it left unsettled just how much power the courts have to review claims of privilege to protect what are claimed to be military, diplomatic, or sensitive national security secrets. It did not indicate what the status of the claim of confidentiality of conversations is when it is raised in civil cases, nor did it touch upon denial of information to Congress, or public disclosure of information.
When was Nixon's impeachment written?
President Nixon’s position was set out in a June 9, 1974, letter to the Chairman of the House Judiciary Committee. 10 Wkly. Comp. Pres. Docs. 592 (1974). The impeachment article and supporting material are set out in H. Rep. No. 93-1305, 93d Cong., 2d Sess. (1974).
Who has the power to fill up vacancies in the Senate?
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
What is executive privilege?
Executive privilege can be defined as the right of the president and im
What would the Nixon standard undermine?
Nixon standard would undermine the delicate balance of power between the branches
Who may exercise his prerogative to withhold power in times of emergency?
power. A chief of state in times of emergency may exercise his prerogative to withhold
Does the Constitution mention privilege power?
governmental system. The Constitution lacks any reference to the privilege power,
Did the founders believe it needed to be explicitly granted?
founders believed it need not be explicitly granted.3
Is privilege a legitimate power?
privilege is a legitimate power, and (2) if it is legitimate, what the limitations are
What is executive privilege?
Presidents have been fighting with Congress for all of US history about the concept of executive privilege.
Who was the president who didn't want to tell Congress how the Jay Treaty with Britain was negotiated?
Questions of privilege for presidents date back to George Washington, who didn't want to tell Congress exactly how the Jay Treaty with Britain was negotiated.
What do presidents do after they leave office?
Presidents usually try to help each other out on executive privilege and defend each other's claims after they've left office.
Can Trump go to court to keep documents sealed?
Trump could go to court to keep the documents sealed .
Who was the former vice president on trial for treason?
The former-vice-president-turned-frontier-revolutionary on trial was Aaron Burr, of 'Hamilton' dueling fame. The Supreme Court, in the voice of Jefferson's foil Chief Justice John Marshall, disagreed with the President's argument, Jefferson ultimately coughed up the documents Burr wanted for his defense and Burr ultimately walked free.
Did the White House refuse to cooperate with the House investigators?
But then, as impeachment approached, many White House aides refused to cooperate with House investigators. They simply ignored subpoenas and refused to testify or turn over documents. This lack of cooperation became the basis for one of the articles of impeachment, but Democrats, who were in a hurry at the time, didn't pursue the subpoenas in court.
Can a president shield his aides from having to share internal communications with Congress?
The idea is that presidents can shield their aides from having to share internal communications with Congress when it is conducting oversight, as the Constitution suggests it must.
Why did Nixon claim executive privilege?
Nixon (1974), which came about when he claimed executive privilege during the Watergate investigation to get out of a grand jury subpoena and avoid handing over recordings of his conversations in the White House.
Why do presidents need executive privilege?
The basic idea behind executive privilege is that an entity like the U.S. government requires a lot of transparency, but also can’t function if there’s no possible way to speak about things confidentially.
What is executive privilege?
He defined executive privilege in a 1998 Minnesota law review article as “the right of the president and high-level executive branch officers to withhold information from Congress, the courts and ultimately the public” when it comes to “ (1) certain national security needs and (2) protecting the privacy of White House deliberations when it is in the public interest to do so.”
How has executive privilege evolved?
One president who significantly changed the usage of executive privilege was Grover Cleveland, who “almost single-handedly” increased the power of the presidency in “his use of executive privilege in refusing to hand over department files to Congress in the fight over presidential appointments ,” wrote Henry F. Graff, Professor Emeritus of History at Columbia University.
How many times did Eisenhower invoke executive privilege?
President Dwight Eisenhower invoked executive privilege more than 40 times. “Eisenhower took a very strong stand, especially during the McCarthy hearings,” Rozell told TIME in 2007. When Senator Joseph McCarthy demanded that White House officials testify in 1954 about suspected communists, “Eisenhower responded that any man who testifies to Congress about what advice he gave me will not be working for me by nightfall.”
Why did Nixon hand over tapes?
In a unanimous decision — meaning that even the conservative justices whom Nixon appointed agreed — the court ordered Nixon to hand over the tapes, arguing that presidents can’t just say that material is confidential in order to withhold criminal evidence. Here’s how TIME summarized the key points of the case in the Aug. 5, 1974, issue:
What privileges do presidents invoke?
Generally, presidents will invoke executive privilege in matters relating to national security, the military and foreign affairs, for example to protect the names of spies and informants.
Why did Nixon use executive privilege?
The purpose of executive privilege is to help a president do his/her job better, not to obstruct justice. And that is why Nixon lost his case.
What is executive privilege?
The purpose of executive privilege is to allow a President a certain amount of leeway to conduct private, confidential discussions in order to execute his duties as President. For example, a President should be able to speak freely and broadly while exploring an issue or problem, possible options, etc., without having his/her every word and thought subject to public scrutiny.
What did Nixon say in the Watergate tape?
Nixon said he wanted his aides to “stonewall it ... plead the Fifth Amendment, cover up or anything else, if it'll save it—save the plan.” [ 1]
Why did Nixon lose?
Nixon lost because there was a proven felony that happened , which was not covered by executive privilege ..
Why did Nixon want to improve relations with China?
Nixon in China: He had started to improve relations with the People’s Republic even before becoming president, because he believed that such a large country could never sustainably be kept isolated - and besides which it was also morally wrong to isolate the PRC. His policy may also have been informed by an idea to put pressure on the USSR, which was suspicious of China, and a China-U.S. alliance would help to extract concessions from the Soviets. But whatever the motivations, this was broadly a ‘good’ thing too.
What did Nixon's lawyers try to block release of?
Nixon’s lawyers tried to block release of the “White House tapes” from which that excerpt came.
What was the first nuclear weapon limitation treaty?
He signed the first nuclear weapon limitation treaty with the USSR. Known as ‘SALT 1’ (“Strategic Arms Limitation Treaty”), it placed limits (obviously enough) on each other’s weapon stockpiles. He also negotiated a separate treaty banning the development of anti-missile defence systems. He increased trade with the USSR, and continued to try to improve relations, in what he described as ‘peaceful coexistance.’
Why did Nixon use executive privilege?
Presidents John F. Kennedy and Lyndon Johnson rarely used it, but President Richard Nixon relied on it to protect himself and his advisors from the Watergate investigation. A challenge to his use of the privilege went to the Supreme Court. Chief Justice Warren Burger said executive privilege was warranted when the requested information concerned “military, diplomatic, or sensitive national security secrets.” But it didn’t provide protection from a criminal investigation. Documents and testimony crucial to the inquiry had to be provided. Consequently, Nixon released the tape-recorded conversations from the Oval Office. “The president is not above the law,” said the Chief Justice.
Why did Eisenhower invoke executive privilege?
It was President Dwight Eisenhower who coined the term “executive privilege.” He invoked it to prevent Senator Joe McCarthy from questioning his cabinet members. Eisenhower wanted to maintain the secrecy of conversations he had with his advisors about McCarthy and communists. He also wanted to keep sensitive documents from public view. In the course of Eisenhower’s presidency, he or his advisors invoked executive privilege 44 times.
Why did Bill Clinton use executive privilege 14 times?
President Bill Clinton cited executive privilege 14 times to spare himself and his wife from testifying in Congressional investigations of his business dealings and sex life. The Supreme Court ruled that a prosecutor’s right to investigate matters was more important than confidentiality.
Where is separation of powers in the Constitution?
You won’t find it mentioned anywhere in the Constitution. It has been assumed from Article II, which sets out the separations of powers in the three branches of government. In order to maintain a balance of power, the reasoning goes, the president need to be able to consult with his advisors and develop his policies beyond Congressional observation.
Who was the president who refused to testify in the trial of Aaron Burr?
When Aaron Burr went on trial for treason in 1809, his defense subpoenaed President Thomas Jefferson to testify and supply papers related to the charges in Burr’s trial. Jefferson refused. The Supreme Court said he had to comply. In the end, he refused to testify in person but provided select documents.
Is there a privilege in criminal cases?
The case law would indicate that there is no privilege if the matter involves a criminal investigation and doesn’t directly bear on the national welfare. But it appears that the final call isn’t usually made by the president, the media, or legislators, but the nine members of the Supreme Court.
What was the Supreme Court case that ordered Nixon to deliver tape recordings?
v. t. e. United States v. Nixon, 418 U.S. 683 (1974), was a landmark United States Supreme Court case that resulted in a unanimous decision against President Richard Nixon, ordering him to deliver tape recordings and other subpoenaed materials to a federal district court.
Which court did Nixon and Jaworski appeal to?
Both Nixon and Jaworski appealed directly to the Supreme Court, which heard arguments on July 8. Nixon's attorney argued the matter should not be subject to "judicial resolution" since the matter was a dispute within the executive branch and the branch should resolve the dispute itself.
How many conversations did Nixon have?
Hoping that Jaworski and the public would be satisfied, Nixon turned over edited transcripts of 43 conversations, including portions of 20 conversations demanded by the subpoena. James D. St. Clair, Nixon's attorney, then requested Judge John Sirica of the U.S. District Court for the District of Columbia to quash the subpoena. While arguing before Sirica, St. Clair stated that:
How many Justices were in the Watergate case?
Within the court there was never much doubt about the general outcome. July 9, the day following oral arguments, all eight justices (Justice William H. Rehnquist recused himself due to his close association with several Watergate conspirators, including Attorneys General John Mitchell and Richard Kleindienst, prior to his appointment to the Court) indicated to each other that they would rule against the president. The justices struggled to settle on an opinion that all eight could agree to, however, with the major issue being how much of a constitutional standard could be established for what executive privilege did mean.
What happened to Cox and Richardson?
Later that year, on October 20, Nixon ordered that Co x be fired, precipitating the immediate departures of both Richardson and Deputy Attorney General William Ruckelshaus in what became known as the " Saturday Night Massacre ".
When did Nixon release the tapes?
In April 1974 , Jaworski obtained a subpoena ordering Nixon to release certain tapes and papers related to specific meetings between the President and those indicted by the grand jury.
Who was the Democratic challenger in the Watergate scandal?
The case arose out of the Watergate scandal, which began during the 1972 presidential campaign between President Nixon and his Democratic challenger, Senator George McGovern of South Dakota.
