
The Watergate scandal, which began with an illegal break-in at the Democratic National Committee headquarters in June 1972, resulted in one of the most significant constitutional crises in modern times. Nearly every action taken in response to the scandal had constitutional implications. The scandal led to the resignation of President Richard Nixon, the second time in history that the impeachment of a President had been considered. The situation raised questions about the separation of powers, executive privilege, and the scope of impeachment powers. It also highlighted the system of checks and balances in the American Constitution, demonstrating the limits of presidential power and the accountability of the President to the House of Representatives. The scandal brought to light issues such as the President's obstruction of justice, violation of citizens' constitutional rights, and failure to comply with subpoenas. The House Judiciary Committee played a crucial role in pursuing impeachment, drafting articles of impeachment, and securing Nixon's resignation. The Watergate scandal had a significant impact on American political values and the relationship between the President, Congress, and the Supreme Court.
| Characteristics | Values |
|---|---|
| Impeachment of a President | Considered for the second time in history |
| Indictment of a former President | Sought by the Watergate Special Prosecutor |
| Separation of powers | Unsettling issues raised |
| Executive privilege | Unclear scope |
| Impeachment power | Unclear scope |
| Checks and balances | Demonstrated by the Watergate scandal |
| Federalist values | Removal of the President by the Senate |
| Accountability and responsibility | Demonstrated by the removal of Richard Nixon |
| Safeguards | Built into the American Constitution |
| Independence and power | Demonstrated by US congressional committees |
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What You'll Learn

The constitutional crisis
The Watergate scandal, which began with an illegal break-in at the Democratic National Committee headquarters in June 1972, produced one of the most significant constitutional crises in modern times. The scandal centred around President Richard Nixon and raised several unsettling constitutional issues, particularly regarding the separation of powers.
One of the major constitutional issues was executive privilege. Nixon's firing of a Senate-approved special prosecutor with broad powers to investigate the Watergate scandal led to demands for his impeachment. The House Judiciary Committee launched an impeachment inquiry, grappling with questions such as what constituted an impeachable offence and the scope of "other high crimes and misdemeanours". The President's attorneys argued that a statutory offence or serious crime must be demonstrated, while the committee staff suggested that a President might be removed for "substantial misconduct," even if it was not of a specific criminal nature.
Another constitutional crisis was the scope of impeachment power. The House Judiciary Committee pursued its constitutional mandate and drew up five articles of impeachment, approving three of them in the summer of 1974. When Nixon was forced by the Supreme Court to surrender tape recordings revealing his knowledge of the cover-up, even his staunchest supporters in the House admitted that they would have to vote for impeachment. On August 9, 1974, Nixon resigned, becoming a private citizen.
The Watergate scandal also highlighted the complex web of checks and balances built into the American Constitution. While the President is the Head of Government, they do not control the Legislature and cannot dissolve Congress. The President's power is further limited by the requirement of Senate approval for certain decisions, such as nominating members of the Judicial branch. Additionally, the President serves a fixed four-year term and can only be removed through an impeachment process that must begin in the House of Representatives and be carried out by the Senate.
The Watergate scandal brought to light the interplay between the three arms of the American political system: the President, Congress, and the Supreme Court. It demonstrated the system of checks and balances, where a hostile President seeking unilateral power can be held accountable by Congress, which has the power to reorganise and strengthen its oversight capacity.
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The impeachment process
The Watergate scandal and the subsequent impeachment process highlighted the intricate system of checks and balances inherent in the American Constitution. It demonstrated that while the President is the Head of Government, they do not control the Legislature and cannot dissolve Congress. The scandal also showcased the role of congressional committees in securing accountability and upholding constitutional values.
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Congressional committees
The Watergate scandal, which began with an illegal break-in at the Democratic National Committee headquarters in June 1972, resulted in one of the most significant constitutional crises in modern times. The scandal brought to light several unsettling constitutional issues, particularly regarding the separation of powers.
The role of congressional committees (Senate Watergate and House Judiciary) was crucial in addressing these constitutional issues. The inquiries conducted by the Senate Watergate Committee played a pivotal role in securing Nixon's resignation. The committees' independence and power relative to their Australian counterparts highlighted a fundamental difference between the American and Australian political systems.
The House Judiciary Committee, adhering to its constitutional mandate, drafted five articles of impeachment, three of which were approved in the summer of 1974. The committee's actions were guided by the opinion that a sitting President could not be indicted, and that the committee was the appropriate body under the Constitution for examining evidence pertaining to the President.
The impeachment process, however, was fraught with constitutional complexities. Questions arose regarding the definition of an impeachable offence and the interpretation of "other high crimes and misdemeanours". The House committee grappled with whether these offences needed to be criminal in nature or if they could be quasi-political, involving a substantial breach of public trust. The President's attorneys argued for the latter interpretation, while the committee staff suggested that a President could be removed for "substantial misconduct", regardless of its specific criminal nature.
The Watergate scandal also brought to light the intricate system of checks and balances inherent in the American Constitution. While the President is the Head of Government, they do not possess the authority to dissolve Congress or unilaterally control the Legislature. The President's power is further constrained by the requirement of Senate approval for certain decisions, such as nominating members of the Judicial arm. The fixed four-year term of the President and the specified impeachment process further emphasise the checks and balances within the system.
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Checks and balances
The Watergate scandal, which began with an illegal break-in at the Democratic National Committee headquarters in June 1972, resulted in one of the most significant constitutional crises in modern times. The scandal brought to light several unsettling issues central to the constitutional structure of separation of powers, including executive privilege and the scope of impeachment power.
The checks and balances inherent in the American Constitution were demonstrated during the Watergate scandal. While the President is the Head of Government, they do not control the Legislature and cannot dissolve Congress. The President's power is further limited by the requirement of Senate approval for judicial and other nominations. Additionally, the President serves a fixed four-year term and can only be removed through an impeachment process originating in the House of Representatives and culminating in the Senate's decision.
The Watergate scandal highlighted the interplay between the three branches of the American political system: the President, Congress, and the Supreme Court. Congressional committees, such as the Senate Watergate and House Judiciary Committees, played a crucial role in securing Nixon's resignation. The Judiciary Committee's recommendation to impeach the President was supported by both Democratic and Republican members, showcasing the independence and power of US congressional committees.
The impeachment process itself was fraught with constitutional challenges. Nixon's firing of a Senate-approved special prosecutor investigating the Watergate scandal sparked initial demands for impeachment. The House Judiciary Committee initiated an inquiry, grappling with questions such as the definition of an impeachable offence and the nature of "other high crimes and misdemeanours". The controversy was ultimately resolved by the revelation of incriminating tapes and Nixon's subsequent resignation.
The Watergate scandal served as a catalyst for a broader reassessment of the presidency and a recommitment to institutional maintenance. Congressional Democrats sought to reinvigorate the system of checks and balances by altering chamber procedures and reorganising committee structures. This included enhancing the power of subcommittees and increasing authorised spending for committee staff and research. Additionally, Congress passed the War Powers Resolution in 1973, requiring presidential notification and approval for deploying troops to combat.
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Executive privilege
The Watergate scandal, which began with an illegal break-in at the Democratic National Committee headquarters in June 1972, produced one of the most significant constitutional crises in modern times. It raised unsettling issues central to the constitutional structure of separation of powers and brought into focus two major constitutional issues: executive privilege and the scope of impeachment power.
In the Watergate Scandal, also known as United States v. Nixon, the Supreme Court established that even the President has a legal duty to provide evidence of their communications with aides when relevant to a criminal case. The Court's decision helped frame how to define executive privilege in judicial proceedings. President Nixon's attorney argued that the matter should not be subject to "judicial resolution" as it was a dispute within the executive branch and that Nixon had an absolute executive privilege to protect communications between high government officials and their advisers. However, the Court found that the courts could intervene and that Special Counsel Jaworski had proven that the tapes were likely relevant to the offenses charged in the indictment.
The Watergate scandal demonstrates the complex web of safeguards built into the American Constitution. It highlights the checks and balances in the system, where the President is the Head of Government but does not control the Legislature and cannot dissolve Congress. The scandal also showcases the values of accountability and responsibility, as seen in the removal of Richard Nixon through various accountability processes.
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Frequently asked questions
Yes, the US Constitution played a significant role in the Watergate Scandal, which was considered a constitutional crisis. The scandal brought to light issues regarding the separation of powers, executive privilege, and the scope of impeachment power.
The scandal raised questions about the separation of powers between the President, the Legislature, and the Judicial arm of the government. It also highlighted the role of congressional committees in providing checks and balances on the executive branch.
The impeachment process was complex and fraught with constitutional difficulties. There were debates about what constituted an impeachable offense and whether it needed to be a criminal act or a breach of public trust. The House Judiciary Committee pursued its constitutional mandate and drew up five articles of impeachment, three of which were approved in the summer of 1974.
The Watergate Scandal resulted in the resignation of President Richard Nixon, demonstrating the accountability and responsibility of the President to the House of Representatives and the American people. It also led to changes in congressional procedures and committee structures to strengthen legislative oversight and prevent similar abuses of power in the future.

























