1) The Supreme Court case of US v. Nixon established that executive privilege did not allow the President to withhold subpoenaed evidence and tapes from a criminal trial.
2) The case arose from the Watergate scandal where President Nixon's aides were found to have broken into the Democratic National Committee headquarters.
3) The Court ruled that the separation of powers and generalized need for confidentiality did not allow an absolute, unqualified presidential privilege and the tapes had to be turned over, leading to Nixon's resignation.
2. SHS Social
Studies
Marbury vs.
Madison
Judicial Review is established.
3. After the 1800 election, Adams
appoints new judges…
John Adams (Federalist) signs
appointments on his last night in
office.
Thomas Jefferson (Democratic
Republican) is to take over as
President.
What political party do you think the
judges Adams appointed belonged
to? Why did he did this?
4. “midnight judges”- what these
new judges were referred to.
William Marbury was one of
these “midnight judges.”
5. Why is Madison involved?
James Madison, TJs new Secretary of State,
was supposed to officially present Marbury
with his new position…But he didn’t!
So… Marbury sued and appealed to the
Supreme Court to get Madison to award
him the position…
6. The Verdict.
Supreme Court refuses to grant Marbury
his position!!
Why?
A section of the Judiciary Act of 1789
(which set up the federal court system in
the first place) was unconstitutional and
void.
7. Lasting Impact
This is the first time the Supreme Court
overturns an act of Congress.
Checks & balances in action!
Judicial Review- Supreme Court’s
ability to declare a law or act
unconstitutional
8. More major
cases…
McCulloch v.
Maryland
A Federalism case.
9. Federalism and the Issue
Federalism: Coexistence of Federal, state, and
local POWERS
Second Bank of the United States created
Maryland tried to impede operation of the BUS
imposed a tax on all notes of banks not chartered
in Maryland
BUS was the only out-of-state bank in Maryland
10. Fundamental Issues
Does the Constitution grants Congress implied
powers for implementing the Constitution's express
powers?
Can a state’s action impede valid constitutional
exercises of power by the Federal government?
11. The Verdict
On the first question, Marshall argued that the necessary
and proper clause of the Constitution implied that
Congress could charter a national bank
Congress was exercising of its explicit power to regulate
interstate commerce and coin and regulate money.
On the second question, Marshall wrote that "the power
to tax is the power to destroy”
Allowing the state to tax the national bank violated the
supremacy clause (Article VI) of the Constitution.
The Bank therefore is legal
12. U. S. Constitution
Article I: “The Congress shall have power .
. . to regulate commerce with foreign
nations, and among the several states,
and with the Indian tribes.”
Article VI: “This Constitution, and the laws
of the United States which shall be made
in pursuance thereof . . . shall be the
supreme law of the land.”
14. Ogden’s Steamboat Monopoly
Under a New York law adopted in 1798,
Robert Livingston obtained a monopoly, or
exclusive right, for steamboat navigation
within the state of New York.
Any boats that competed with this
monopoly would be forfeited by the owner.
15. More facts…
In 1815, after the deaths of Livingston and
Fulton, Aaron Ogden obtained a right under
the monopoly and began to run a
steamboat between New Jersey and New
York City.
In 1818 Thomas Gibbons, one of Ogden’s
former partners, began a competing
operation between Elizabethtown, New
Jersey, and New York City.
Ogden sued Gibbons for violation of his
monopoly and in 1820 New York's highest
court found in Ogden’s favor.
16. In the US Supreme Court
The Supreme Court unanimously concluded that
the New York law granting the monopoly was
invalid. Chief Justice John Marshall wrote the
Court’s opinion.
Marshall: “Commerce, undoubtedly, is traffic, but
it is something more…” Marshall concluded that
commerce included all navigation that is “in any
manner connected with commerce.”
17. Intra- versus Inter-State
Commerce
Marshall stated that the power of
Congress to regulate commerce did not
include commerce that was “completely
internal” and that did not “extend to or
affect other States.” The states had the
power to regulate such completely
internal commerce. However, the issue
before the Court concerned commerce
between two states and therefore
involved federal authority over
commerce.
20. Background
Ernesto Miranda
Arrested for
kidnapping and
rape
Poor, uneducated,
English may not
have been his
native language
Intensively
questioned for 2 to
3 hours
21. The Interrogation
Miranda was not told
that he had a right to
remain silent.
He was not told that he
had a right to an
attorney.
After about 3
hours, police obtained a
signed, written
confession.
23. Ruling
Miranda should have been told of these
rights
Therefore, police must explain these to
anyone who is a suspect or arrested
(once a suspect is in custody)
Police must ask “Do you understand these
rights?”
A suspect can decide at any time to
exercise these rights
Or, they can voluntarily waive them
24. Exclusionary Rule
Illegallyobtained evidence cannot be
used to convict a person of a crime.
Statements made by any suspects was
not informed of his/her Miranda rights
may be excluded from trial.
Statements made by any suspects who
did not understand his/her Miranda
Warning may be excluded from trial.
27. Origins: Pentagon Papers
Daniel Ellsberg, an employee
of the Defense Department ,
leaked a classified assessment
(negative) of the Vietnam
War in 1971 (Pentagon
Papers)
Senior government officials
had serious misgivings about
the war.
New York Times and
Washington Post began to
publish the Pentagon Papers,
the Nixon Administration sued
(prior restraint)
Supreme Court ruled the
papers could continue to
publish the documents
28. White House Plumbers
After the release of the
Pentagon Papers, the
White House created a
unit to ensure internal
security (stop leaks)
1971: burglarized the
Howard Hunt G. Gordon Liddy office of Daniel Ellsberg’s
psychiatrist, seeking
material to discredit him.
Nixon’s domestic advisor
John Ehrlichman knew of
and approved the plan
James McCord Chuck Colson
29. The Watergate Break-in
1972: Plumbers turned their
activities to political
espionage (re-elect Nixon)
June 17, 1972, 5 men were
arrested while attempting
to bug the headquarters of
the Democratic Party
inside the Watergate
building in Washington
D.C.
One of the men arrested,
James McCord, was the
head of security for the
Republican Party.
31. Investigations
Original investigation:
White House. Guess what
they concluded?
Watergate came to be
investigated by a Special
Prosecutor, a Senate
committee, and by the
judge in the original
break-in case
John Dean: testified
about a cover-up
Alexander Butterfield:
taping system in the Oval
Office
Saturday Night Massacre
32. Sirica:tapes are
The Tapes evidence; Nixon:
Executive Privilege
US v. Nixon: Supreme
Court ruled tapes
must ne turned over
Reasoning: the
separation of
powers, nor the
generalized need for
confidentiality of
high-level
communications, ca
n sustain an
absolute, unqualified,
presidential privilege
33. Tapes showed the cover-up:
The Tapes
authorizing the payment of
hush money
attempting to use the CIA to
interfere with the FBI
investigation.
18 ½ minute gap
Nixon’s secretary Rosemary
Woods “accidently” stepped
on the mute button
Audio experts: it was erased
at least 5 times
After “The smoking gun
tapes,” were released in
August 1974, the House
Judiciary Committee
approved Articles of
Impeachment against Nixon
Nixon resigns later that month
