Executive Privilege: The Supreme Court Case

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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

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