Analysis Of The Video Lecture On America 's Legal History

1307 Words Sep 12th, 2015 6 Pages
Rohan Barkley uID: u0821967
1. As mentioned in the video lecture, in terms of America’s legal history, there has never been a situation where the judicial and legislative branches faced the president with a writ to provide evidence that could be valuable in a criminal case. In essence, this Supreme Court case tackles the political principle of “separation of powers,” which represents the foundation of the American federal system. President Nixon possessed secret audio recordings of several meetings with the top members of his administration, and a special prosecutor appointed by Nixon investigated this cover-up. Nixon refused to comply with a subpoena that ordered him to release the tapes because he believed that his “executive privilege” gave him the right to refrain giving confidential information to the other governmental branches (Rozell, 2012).
2. The U.S. constitution does not directly cite or explain the concept of “Executive Privilege,” but the concept is implied through the “separation of powers” principle which is elaborated in Articles I, II, and III of the constitution. This privilege allows the president and executive officials to withhold information from the legislative and judicial powers (Rozell, 2012). President George Washington practiced executive privilege by rejecting attempts by the other branches to obtain information regarding a devastating journey against Native Americans located by the Ohio River (Weiner, 2007). In addition, Eric Weiner from NPR…
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