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Essay/Term paper: United states v. nixon, president of the united states

Essay, term paper, research paper:  American History

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United States v. Nixon, President of the United States

Throughout American history, the fear that our leaders may sometimes
think themselves above the law has always been evident. The fear is that power
brings corruptness. To prevent this, however, the system of checks and balances
has been installed into the Constitution. No one branch of government stands
above the law in this setup. This point was reasserted in the the Supreme Court
case of 1974, United States v. Nixon. This case involved the President of the
United States, at that time Richard Nixon, and the people of the United States.
The case was based on the infamous Watergate scandal in which Nixon was said to
be involved. The case came about when Nixon refused to deliver subpoenad tapes
to the Special Prosecutor that could have possibly incriminated him. Nixon
attempted to quash this subpoena by claiming executive privelege. The Special
Prosecutor argued this claim successfully. The President then appealed this
ruling from the District Court to the Court of Appeals. In the Appeals Court,
the Special Prosecutor filed for a writ of certiorari which was petitioned by
the President. Both petitions were granted and handed to the Supreme Court.
When the case reached the Supreme Court, the basic arguements were as
follows. President Nixon's attorneys argued that the District Court was out of
its jurisdiction when it issued the subpoena to Nixon, making the case void.
They stated that the dispute between the President and the Special Prosecutor
was strictly executive, and by mediating them, the court broke the doctrine of
seperation of powers. They also argued with executive privilege, the right of
the President to withold information from Congress. To this, the District Court
said that the judiciary, not the President, was the final arbiter of a claim of
executive privilege. The Court also argued that the Special Prosecutor was
vested power by the Attorney General who had the right under the constitution to
conduct the criminal litigation of the United States government.
In its decision, the Supreme Court affirmed the ruling of the District
Court. They ruled that President Nixon's insubordinance was unjustified. They
felt that neither the claim of invalid jurisdiction nor that of executive
privilege were applicable. The decision was unanimous. There was concurring
opinion by Raoul Berger that stated that he affirmed the Court's decision, but
he believed the decision cut too closely the right of executive privilege in the
case that the information is irrelevant and the President needs to keep his
This case was positive proof to the American people that the justice
system in our country is indeed working if even the President's wrongdoings can
be rectified. It was a statement of equalness among all and set forth the
precedent that nobody in this country is above the law.


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