Constitution Essay Research Paper United States v

Constitution Essay, Research Paper

United States v. Nixon

Ruled that presidents cannot withhold information from a grand jury proceeding. United States v. Nixon is the Supreme Court’s major ruling on the matter of executive privilege. The privilege would allow the president to refuse legislative or judicial requests for information. This case arose out of the Watergate scandal and the additional legislative and judicial inquiries into the matter. In addition to the investigations made by the Ervin Committee in the senate and the house Judiciary Committee in its impeachment role, information was collected by a special prosecutor Leon Jaworski , who was appointed by the justice department. Lean got a hold of some recordings and white house conversations to enable the prosecution. The accused were reinforced by Judge John Sirica. He dined the claim, and the Supreme Court upheld Judge Sirica’s ruling against the claimed privileges because of the absence of Justice Rehniquist.

The opinion of the court was made by Chief Justice Burger. The discussion of executive privilege began with consideration of an absolute privilege. Nixon and his layers tried to ensure full and free discussion between the president and his advisers. Nixon also tried to assert the absolute privilege on separation of power grounds. The court rejected their arguments, but allowed “absolute, unqualified” presidential privilege, only if the president could show a need to protect military or a national security secret. The court didn’t want to give the president absolute privilege because it would interfere with the courts discharge of their constitutional functions. If the court allowed privileges to prevail, the ends of criminal justice would be defeated because the very integrity of the judicial system depends on full disclosure of all evidence. To allow the president to withhold evidence from a criminal prosecution would only cut into the guardue process of law, and impair the basic function of the court.

Significance

United States v. Nixon severely limited the presidential claim to executive privilege. Executive privilege is not an expressed power, and its status as an implied power had been uncertain prior to this decision. The purpose for the privilege is that presidents must be able to engage in unrestricted discussions with advisers when considering policy options. In addition, active national security interests might be adjusted by compelled disclosure of information. United States v. Nixon acknowledges that privileges should extend to certain information. At the same time, the Nixon case determined that the demands of the criminal justice process must take precedence. The limited view of executive privilege also prevailed when Court considered the matter of presidential records and documents. Following the surrender of president Nixon, Congress enacted a statute requiring screening of all Nixon presidential materials, except those judged privet or personal. The remainder were to be retained by the government and finally open to the public. Nixon claimed executive privilege, but the Court rejected the claim in Nixon v. Administrations of General Services. By rejecting claims to absolute privilege, those decisions of the Court remarkably confined the circumstances under which executive privilege can be used by a president.

Gregg v. Georgia

Examined whether the death penalty was a cruel and unusual punishment. Many states legislatures responded to Furman v. Georgia by revising their capital punishment statutes to structure sentencer discretion. In three cases, Gregg v. Georgia, Proffitt v. Florida, and Jurek v. Texas, the Supreme Court up held statutes as revised by Georgia, Florida, and Texas. The Court said the death penalty included in the revised statutes does not always violate the Constitution. Justice Potter Stewart said that the Court may not require the legislature to select the least severe penalty possible as long as the penalty selected is not the cruelly inhumane. He found society willing to endorse the death penalty, since 35 states had provided for the death penalty after Furman. Justice Stewart viewed capital punishment as an expression of society’s moral outrage at particularly offensive behavior. The Court also considered whether death was an executive penalty in itself. It was said the it is an extreme acceptance, suitable to the most extreme crimes. The Court’s opinion was that the sentencer discretion had been enough structured in the state statutes. Justices Marshall and Brennan challenged. Both suggested that capital punishment was constitutionally offensive under any circumstances. Justice Marshall argued that a punishment may be executive, and therefor cruel and unusual, even though there may be public support of it. He found the majority’s ideas about retribution as a basis for punishment to be the most disturbing aspect of the Gregg decision

Significance

Gregg v. Georgia clarified several central issues regarding capital punishment. First, the Court held that death is a constitutionally acceptable penalty for murder, given certain conditions. Second, Gregg acknowledged that retribution can serve as a suitable basis for legislative decision regarding penal policy. And third, Gregg determined that structuring sentencer discretion through the definition of aggravation and mitigating circumstances fully corrected