United States v. Nixon
Supreme Court of the United States
Argued July 8, 1974 Decided July 24, 1974
Full case name: United States v. Richard Milhous Nixon, President of the United States, et al. Citations: 418 U.S. 683; 94 S. Ct. 3090; 41 L. Ed. 2d 1039; 1974 U.S. LEXIS 93 Prior history: Cert. before judgment to the United States Court of Appeals for the District of Columbia Circuit
Holding
The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial.'
Court membership
Chief Justice: Warren E. Burger Associate Justices: William O. Douglas, William J. Brennan, Jr., Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist
Case opinions
Majority by: Burger Joined by: Douglas, Brennan, Stewart, White, Marshall, Blackmun, Powell Rehnquist took no part in the consideration or decision of the case.

This article does not cite any references or sources. (January 2007) Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed.

United States v. Nixon, 418 U.S. 683 (1974), was a landmark United States Supreme Court decision. It was a unanimous 8-0 ruling involving President Richard Nixon and important to the late stages of the Watergate scandal. It is considered a crucial precedent limiting the power of any U.S. president. Image File history File links No higher resolution available. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... Warren Earl Burger (September 17, 1907 – June 25, 1995) was Chief Justice of the United States from 1969 to 1986. ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... William Joseph Brennan, Jr. ... Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Byron Raymond White (June 8, 1917 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... For people and institutions etc. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... Lewis Franklin Powell, Jr. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... Image File history File links Question_book-3. ... Year 1974 (MCMLXXIV) was a common year starting on Tuesday (link will display full calendar) of the 1974 Gregorian calendar. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... Nixon redirects here. ... Watergate redirects here. ...

Chief Justice Warren Earl Burger wrote the opinion for a unanimous court, joined by Justices William O. Douglas, William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun and Lewis F. Powell. Associate (later Chief) Justice William Rehnquist recused himself and took no part in deciding the case. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial... Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... William J. Brennan, official portrait, 1976. ... Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Byron Raymond White (June 8, 1917 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... For people and institutions etc. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... Lewis Franklin Powell, Jr. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ...

History

The Watergate scandal began during the 1972 presidential campaign between Democratic Senator George McGovern of South Dakota and the Republican President Richard Nixon. On June 17, months before the election which Nixon won by a wide margin, a group of burglars broke into Democratic headquarters located in the Watergate building complex in Washington, D.C. After investigating the story, the Washington Post suggested the break in could be traced to officials in the Nixon administration. The administration denied all charges, but it steadily became more apparent that members of the administration and perhaps Nixon himself had been involved in an attempt to cover up the burglary. George McGovern on May 8, 1972 cover of Time Magazine George Stanley McGovern, (born July 19, 1922) is a former United States Representative, Senator, and Democratic presidential nominee. ... Official language(s) English Demonym South Dakotan Capital Pierre Largest city Sioux Falls Area  Ranked 17th in the US  - Total 77,116[1] sq mi (199,905 km²)  - Width 210 miles (340 km)  - Length 380 miles (610 km)  - % water 1. ... GOP redirects here. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... Nixon redirects here. ... The Watergate burglaries, which took place on May 28 and June 17, 1972, have been cited in testimony, media accounts, and popular works on Watergate as the pivotal event that led ultimately to the Watergate Scandal. ... ...

Public and congressional pressure forced Nixon to appoint a special prosecutor, Archibald Cox, to look into the matter. Cox filed a subpoena to secure tapes Nixon had secretly taped in the Oval Office of the White House which he believed would shed light on the Watergate burglary. Furious, Nixon refused the request and immediately had Cox fired (Saturday Night Massacre). However, public outrage forced Nixon to appoint a new special prosecutor, Leon Jaworski. Jaworski was charged with the responsibility of conducting the Watergate investigation for the government. A subpoena is a command to appear at a certain time and place to give testimony upon a certain matter. ... The Saturday night massacre (October 20, 1973) was the term given by political commentators to U.S. President Richard Nixons executive dismissal of independent special prosecutor Archibald Cox, and the forced resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus during the controversial and drawn-out...

On March 1, 1974 a grand jury indicted U.S. Attorney General John N. Mitchell and six other persons, all senior Nixon administration officials or members of the Committee to Re-elect the President. They were charged with conspiracy to obstruct justice by covering up White House involvement in the break-in at Democratic headquarters in the Watergate complex. Nixon was named as an unindicted co-conspirator. is the 60th day of the year (61st in leap years) in the Gregorian calendar. ... Year 1974 (MCMLXXIV) was a common year starting on Tuesday (link will display full calendar) of the 1974 Gregorian calendar. ... The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. ... John Newton Mitchell (September 15, 1913 – November 9, 1988) was the first United States Attorney General ever to be convicted of illegal activities and imprisoned. ... In the criminal law, a conspiracy is an agreement between natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...

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. Those tapes and the conversations they revealed were believed to contain damaging evidence involving the indicted men and perhaps the President himself.

Hoping Jaworski and the public would be satisfied, Nixon turned over edited transcripts of forty-three conversations, including portions of twenty 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. Sirica denied St. Clair's motion and ordered the president to turn the tapes over by May 31.

Both St. Clair and Jaworski appealed directly to the Supreme Court which heard arguments on July 8. St. Clair argued the matter should not be subject to "judicial resolution" since the matter was a dispute within the executive branch. The branch should resolve the dispute itself. Also, he claimed Special Prosecutor Jaworski had not proven the requested materials were absolutely necessary for the trial of the seven men. Besides, he claimed Nixon had an absolute executive privilege to protect communications "between high Government officials and those who advise and assist them" in carrying out their duties. This article does not cite any references or sources. ...

Less than three weeks later the Court issued its decision. The justices struggled to write an opinion that all eight could agree to. The stakes were so high, in that the tapes most likely contained evidence of criminal wrongdoing by the President and his men, that they wanted no dissent. All contributed to the opinion and Chief Justice Burger delivered the unanimous decision. After ruling that the Court could indeed resolve the matter and that Jaworski had proven a "sufficient likelihood that each of the tapes contains conversations relevant to the offenses charged in the indictment," the Court went to the main issue of executive privilege. The Court rejected Nixon's claim to an absolute, unqualified executive privilege from the judicial process under all circumstances.

Case

Archibald Cox, an investigator in the Watergate case, obtained a subpoena to obtain documentation of meetings held in President Nixon's offices, related to the Watergate break-ins and subsequent coverup. Cox's successor, Leon Jaworski, subsequently pursued that subpoena, and Nixon refused access to the tapes and as justification claimed their confidentiality was protected by executive privilege. Jaworski sought further court orders, and the Supreme Court accepted the case. The White House stated that Nixon would abide by "a definitive order" by the court. Archibald Cox, Jr. ... Special Prosecutor Leon Jaworski on the cover of Time magazine. ... This article does not cite any references or sources. ...

The unanimous decision held that the Supreme Court has not only the power established in Marbury v. Madison to rule a law invalid for conflicting with constitutional provisions but also power to decide how the Constitution limits the President's powers; that the Constitution provides for laws enforceable on a president; and that executive privilege does not apply to "demonstrably relevant" evidence in criminal cases. Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. ...

Nixon and the Supreme Court

In the presidential campaign of 1968, Richard Nixon promised to reshape the Supreme Court. The Court under Chief Justice Earl Warren had taken what many, including Nixon, felt was a liberal turn, being too sympathetic to defendants in the criminal justice system. Determined to move the Court toward his more conservative views, Nixon appointed four justices including, upon Warren's retirement, Chief Justice Warren E. Burger in 1969. Burger had been a hard line, tough-on-criminals judge in the U.S. Circuit Court of Appeals for the District of Columbia. Nixon also appointed Harry A. Blackmun in 1970, and Lewis F. Powell, Jr., and William H. Rehnquist, both in 1971. In the year 2000, only Rehnquist remained on the Court serving since 1986 as its chief justice.

Nixon's presidency saw more legal confrontations with the Court over presidential powers than any other administration. Although four justices were his appointees, Nixon was dealt a series of setbacks from the Court in the 1970s. In United States v. U.S. District Court (1972) the Court rejected 6–2 Nixon's claim of presidential power to carry out electronic surveillance (wire-tapping) without a court warrant in order to investigate suspected subversive activities. In a catastrophic decision for Nixon in United States v. Nixon (1974), the Court voted 8–0 to reject Nixon's claim of executive privilege in withholding tape recordings in the Watergate scandal. Nixon resigned his presidency only weeks after the ruling.

During his presidency, Nixon had claimed broad authority to impound funds provided by Congress. In 1975, the Court in Train v. City of New York ruled unanimously that Nixon had overstepped his authority when he had refused to distribute $18 billion in state aid under the Water Pollution Control Act of 1972.

Quotes

• "The President wants me to argue that he is as powerful a monarch as Louis XIV, only four years at a time, and is not subject to the processes of any court in the land except the court of impeachment." — James D. St. Clair, Richard Nixon's counsel, arguing before the Supreme Court
• "Mr. St. Clair, what public interest is there in preserving secrecy with respect to a criminal conspiracy?" —Justice Lewis Powell during oral arguments
• "Neither the doctrine of separation of powers, nor the need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances. The President's need for complete candor and objectivity from advisors calls for great deference from the courts. However, when the privilege depends solely on the broad, undifferentiated claim of public interest in the confidentiality of such conversations, a confrontation with other values arises."—Chief Justice Warren Burger

Louis XIV redirects here. ... This article does not cite any references or sources. ... Notable people with the name Lewis Powell include: Lewis Powell, one of the conspirators hanged for the assassination of United States President Abraham Lincoln. ...

See also

• List of United States Supreme Court cases, volume 418

This is a list of all the United States Supreme Court cases from volume 418 of the United States Reports: , , , , , , Miami Herald Publishing Co. ...

References

• United States v. Nixon, 418 U.S. 683 (1974) (Supreme Court opinion at FindLaw)
• Watergate Supreme Court Cases Reference
• Oral argument and opinion announcement listen to audio recordings at oyez.org