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 privacy.
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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