1. United States v. Nixon The Rule of Law
SS.7.C.3.12 Analyze the significance and outcomes of landmark Supreme Court cases including, but not limited to…U.S. v. Nixon
The Rule of Law

2. What is the rule of law?
The Rule of Law

3. What is the Rule of Law? No one is above the law
Everyone must follow the law
The law applies to everyone
We are a nation of laws, not of men
What does that mean to you?
Explain the definition of the Rule of Law.
*A teacher in St. Lucie County has a yard stick hanging above her classroom door with “RULE OF LAW” written on it so when her students pass under it, they are reminded that no one is above the law.

4. The Rule of Law
United States v. Nixon

5. Facts of the Case
Early in the morning of June 17, 1972, several individuals were arrested inside the office of the Democratic National Committee (DNC), located in the Watergate building in Washington, D.C.
This was no ordinary robbery: Those arrested were connected to President Richard Nixon’s (Republican) reelection campaign, and they had been caught while attempting to wiretap phones and steal secret documents.

6. Facts of the Case
A grand jury returned indictments against seven of President Nixon's closest aides in the Watergate affair.
The special prosecutor appointed by Nixon and the defendants sought audio tapes of conversations recorded by Nixon in the Oval Office.
Nixon asserted that he was immune from the subpoena claiming "executive privilege," which is the right to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest.

7. Question Before the Court
Based on the facts provided, is President Nixon’s right to safeguard certain information using his "executive privilege" confidentiality power completely protected from judicial review?

8. Outcome: U.S. v. Nixon
No. In a unanimous decision, the Court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified, presidential privilege.
Therefore, the president must obey the subpoena and produce the tapes and documents.
The case was heard by 8 justices as Rehnquist recused himself as he had served in the Nixon administration as the Assistant Attorney General.

9. Quoting the Case
“Neither the doctrine of separation of powers nor the generalized need for confidentiality of high-level communications…can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances.” Justice Warren Burger, 418 US 683 (1974)

10. Significance
Provides for an example of the Rule of Law in practice as no one, not even the President, is above the law and all must follow the law.
“To give the president absolute executive privilege…would amount to an unchecked power that could undermine the rule of law.”