Executive Privilege and U'S' v' Nixon

1
Executive Privilege and U.S. v. Nixon

• Is there a Constitutional Executive Privilege,
  and if so, where does it come from?
• If there is an Executive Privilege in the
  Constitution, why isnt it an absolute privilege?

2
Applying the Privilege in U.S. v. Nixon

• How does the Court apply the Executive Privilege
  here?
• How would the balance come out if it was
  Congress, and not a Court, who had issued a
  subpoena for the tapes?
• What if Nixon had refused to turn over the tapes?
  Could the Court have cited him for contempt?
  Incarcerated him?

3
Presidential Immunity in Civil Suits

• Nixon v. Fitzgerald (1982) held the President
  absolutely immune from a civil suit for damages
  based on allegedly illegal official conduct
  during the Presidency.
• Presidents ability to perform executive
  functions would be impaired otherwise
• Presidents can still be sued for injunctive
  relief based on conduct in office
• Political remedies, including impeachment, are
  sufficient to guard against Presidential abuses
  of power
• Dissent (J. White) impairs the courts ability
  to protect individual rights and upsets the rule
  of law (Marbury)

4
Clinton v. Jones (1997)

• Why does the Court decide that Clinton is subject
  to civil suit for conduct allegedly occurring
  prior to assuming the office of the President?
• Did the Court strike the right balance?