Before the Supreme Court, Nixon’s attorneys debated that the doctrine of separation of powers prohibited the Supreme Court from investigation this case. The Court vetoed their claim, replying that the circumstance presented a constitutional question, and consequently fell within the responsibility of the judicial branch as interpreter of the Constitution. President Nixon’s attorneys also proclaimed that the president was permitted to unconditional executive privilege. This meant that he could not be required to disclose anything unless he desired to. The Court acknowledged that the president was allowed a degree of executive privilege. Chief Justice Burger wrote that executive privilege was not absolute. President Nixon desire to maintain his
United States vs. Nixon was a case brought to the Supreme Court in 1974, questioning whether or not President Nixon was involved in the Watergate Scandal. The Supreme Court declared he was not above the law and required him to hand over tapes they believe had evidence on the event. President Nixon, instead of handing over the tapes, resigned and his Vice President, Gerald Ford was signed into office. The case of United States versus Nixon was important in that it reaffirmed checks and balances and defined the powers of Executive Privilege.
Inferior officers Congress may allow to be appointed by the president alone, by the heads of departments, or by the Judiciary.” (Morrison v. Olson p.420) Article II of the U.S Constitution gives the executive branch and the President, not congress, the power to appoint federal officials. In Morrison v Olson, the Court was presented with a case in relation to the constitutionality of appointment of an Independent Counsel to investigate the wrong-doings of the executive branch. The Appellees advanced that Congress had violated the principles of the separation of powers by appointing an independent Counsel which they argued were “principal officers” and interfered with the operations and effectiveness of the executive branch. The Supreme Court held that Congress did not violate the constitution because the independent Counsels were “inferior officers” and thus subject to removal by the Attorney General.
George Washington refused to share documents related to a military expedition against Native Americans. Congress had demanded White House records and testimony from his staff. Washington met with his Cabinet and together they agreed the president had the authority to refuse Congress — in the public interest. So began the use of executive privilege. Every president, in some form, has invoked executive privilege.
The president through the FDR's Court-Packing Plan had to ensure that he had the judicial arm in check and also balance its powers so that some of these legislations could be implemented (Lovell n.p). The executive arm of the government was checking and balancing the powers of the judiciary at this point in this event. The judiciary and the legislature also tried to ensure that the executive arm does not increase its powers and authority to the extent that it can control the other arms of
Rulings such as The Prize Cases 1862, Ex parte Merryman 1861, Ex parte Milligan 1866, Korematsu v. United States 1944, Youngstown Sheet and Tube v. Sawyer 1952, Rasul v Bush/ Handi v. Rumsfeld 2004, Bands of State of Washington v. United States 1929, Train v. City of New York 1975, Clinton v. City of New York 1998, United States v. Nixon 1974, Nixon v. Fitzgerald 1982, Clinton v. Jones 1997, Myers v. United States 1926 are Supreme Court cases that were fought to control the power of the president. Even the most influential and honored president has abused of the power granted to them. In the court case, Ex parte Milligan 1866 president Abraham Lincoln suspended the writ of habeas corpus ignoring the ruling that it was unconstitutional. Court case Korematsu v. United States 1944 questioned if the ruling of president Franklin Roosevelt Executive Order 9066 was constitutional as it placed Japanese- Americans in internment camps during World War II regardless of their citizenship. Court case Youngstown Sheet and Tube v. Sawyer 1952
His account of how the Nixon White House systematically used intimidation, impoundment of funds, secrecy and thin, though sinister invocations of "national security" and presidential prerogative to change the balance of constitutional power in the U.S. is the most deadly and lucid yet seen in print. At the end of the book Schlesinger urges
Without judges that protect the constitution, the travel ban might have still been in effect which would allow President Trump as well as other presidents to sign orders at will without living up to the constitution in full extent. In the words of Goldsmith, “the courts...remain supreme” (Goldsmith, 188). Additionally, agencies within the executive can be a check on the president. For example, when there were numerous reports that came out about Russia meddling in the election to help President Trump win, the Justice Department hired an outside special investigator, Robert Mueller, to find the underlying cause of the situation.
The United States Supreme Court is not transparent to the citizens in this country and they fail to publicly reveal reasoning’s to their decisions that they have made. The courts non-transparency make people wonder and uncomfortable for congress has to openly show how they voted one bills Jeffrey L. Fisher razes this type of questions in his article “The Supreme Court’s Secret Power” in The New York Times he raises concern for the Supreme Court and the justice; claiming that they have become too powerful and the people of this country deserve to see how each justice vote due we entrusted them I the position and we deserve to know if they are in good favor.
In this situation, the executive privilege merely served as the amulet of the president to cover up his personal interest toward reelection, moreover, the investigation has been disrupted many times during the process and led to protest from many justice officials toward Nixon. It is clear that without supervision and regulation, the executive privilege did not serve its true purpose to protect the country and became a super untouchable protection for the president. Although after the protest, Nixon turned over some of the tapes rather than all of them, but the issue on properly use of executive privilege remains the
Executive privilege has been referenced in many supreme court decisions and even some that are related directly to the current case that is before us today. In the second world war during the year 1944 the precedent setting supreme court case Korematsu Vs U.S. was argued setting the precedent that in a time of war (of which one we are in right now) the government could use the crucial notion of executive privilege to preserve national security. While the way it was executed is different in both cases surly there are some parallels. This case truly fleshes out what it means to have executive privilege and is an important case to keep in mind as we look at Hamdi v Rumsfeld. This case cited executive privilege as being able to override the rights
The author feels the Supreme court is a bad idea because they think it will lead to abuse of power and the Supreme Court will take over the government because there wasn’t a system of checks to limit its power yet. The author shows this view when they say “In the exercise of this power they will not be subordinate to, but above the legislature . . . The supreme court then has a right, independent of the legislature, to give a construction to the constitution and every part of it, and there is no power provided in this system to correct their construction or do it away.” (Antifederalist 79) This shows he thinks the Supreme Court will have the power to bend the constitution to its whim.
As Americans we feel it is our right to know what is going on because we are paying money to live here. Also presidents can also take advantage of the executive privilege by concealing wrongdoing, and politically damaging information about them. When Obama used the executive privilege over the DOJ documents, some claimed it was inappropriate use of his power, in which he replied that he's keeping congress out of where they should not be. This I believe is a fine example of a good use of the executive privilege. Nowhere in the constitution does it state executive privilege and as “the late legal historian Raoul Berger once said it is one of the greatest ‘constitutional myths’. ”
In 2017, the issue of Executive Privilege is almost as contested as it was in 1973 during the Nixon investigation. President Nixon was not able to invoke Executive Privilege to protect himself from the Watergate investigation, however, the same might not be true for President Trump. President Trump is currently at the center of an investigation into potential Russian meddling in the 2016 Presidential Elections. In December of 2016, the press was filled with headlines and articles reading, “American intelligence agencies have concluded with ‘high confidence’ that Russia acted covertly in the latter stages of the presidential campaign to harm Hillary Clinton’s chances and promote Donald J. Trump, according to senior administration officials” . This incident is being investigated by Special
The executive privilege has been a subject of many interbranch disputes. Rarely, however, it is to be found completely unconstitutional by either Congress or the courts. The scope of information that is withheld from Congress and the public relies on the presidential interpretation and willingness of Congress to pursue an inquiry. Privilege is therefore more likely to be judged on its merits. The thesis presented the mechanisms of checks and balances that are available and were used to oppose the executive privilege claims.
In recent years there has been debate on whether or not the president has too much power. The president 's power has increased over the years, I believe that this increase has given the president way too much power. The amount of power that the president has, can cause total destruction and can manipulate people into doing things that they do not actually believe in. A president should not have some of the powers that he possess, but they are given to him simply because he is the leader of the country. In my opinion the president should be allowed certain powers in order to run the country properly, he is also the leader of the country which grants him the right to have certain powers according to the constitution.