Name: ______Date: ______
What are the Limits of Executive Privilege?
Many chief executives think that the Constitution gives the President the power to keep information private. They even think that the President can keep information from Congress or the federal courts. This authority is known as “executive privilege.” Executive privilege was first recognized in the historic case United States v. Nixon, in 1974. That same year, Nixon resigned from the office of President. This was the first time in United States history that a President left the position.
What could possibly have happened to force Nixon to resign? It all started when five burglars broke into the Watergate apartments in 1972. The apartments were a part of the Democratic National Committee headquarters. The burglars were members of President Nixon’s Republican reelection campaign. Over the next two years, the Nixon administration denied any involvement in the Watergate break-in. However, an investigation into the break-in began. In the end, criminal charges were brought against several of the President’s top advisors. They were accused of trying to get in the way of justice.
During the investigation, a White House staff member talked about a secret the President was keeping. Nixon had taped most of his telephone calls and conversations in the Oval Office. When Mr. Nixon was ordered to release the tapes, he refused. He said that executive privilege gave him the right to keep the tapes private. Executive privilege is not part of the details of the Constitution. The idea, however, was founded on the principle of separation of powers.
The case was taken to the Supreme Court. The justices decided that Nixon did not have a right to hold on to the tapes. The Court agreed that the secrecy between the President and his close advisors is important, but should be limited. If the President had total executive privilege, the executive branch would be unchecked. President Nixon resigned shortly after the tapes were released.
ARGUMENTS FOR NIXON
· Under the principle of separation of powers, no court has the power to question executive privilege
· The President must have the power to keep various communications secret
· Forcing the President to release communications could threaten the nation’s security
ARGUMENTS FOR THE SUPREME COURT
· Separation of powers does not mean that the three branches of government are totally independent of one another.
· The privacy of the President’s communications is important. However, it should be limited to military and diplomatic interests.
ANSWER THE FOLLOWING QUESTIONS:
1. Should the executive branch have the right to keep all discussions with advisors private? Why or why not?
2. How does this case relate to the principle of separation of powers?