Malcolm Rivera
The impeachment of Richard Nixon, the 37th President of the United States, was a consequential event in American history, underscoring the significance of the Constitution in holding leaders accountable and safeguarding democratic values. The Watergate Scandal, which began in 1972, revealed a web of deceit and abuse of power, leading to a landmark Supreme Court decision in 1974 that compelled Nixon to release tapes and other materials related to the scandal. This pivotal moment reaffirmed the principle of the rule of law and the separation of powers, establishing that not even the President is above the law. Nixon's actions and their aftermath raise important questions about the extent to which he violated the Constitution, particularly regarding obstruction of justice, abuse of power, and contempt of Congress.
| Characteristics | Values |
|---|---|
| Obstruction of justice | Impeding the investigation of the Watergate break-in, protecting those responsible, and concealing the existence of other illegal activities |
| Abuse of power | Using the office of the presidency to unlawfully use federal agencies, such as the Internal Revenue Service and the Federal Bureau of Investigation, to violate the constitutional rights of citizens and interfere with lawful investigations |
| Contempt of Congress | Refusing to comply with congressional subpoenas |
| Unconstitutional impoundment of federal funds | Impounding $18 billion in federal funds appropriated for domestic programs in fiscal year 1973 |
| Violations of the Constitution's Domestic Emoluments Clause | Violating Article II, Clause 7 of the Constitution |
| Tax fraud | Using the Internal Revenue Service to initiate tax audits or obtain confidential tax data for political purposes |
| Violation of privacy | Using a "national security" cover for a series of secret wiretaps against government officials, newsmen, and his brother, Donald Nixon |
| Violation of executive privilege | Using the power vested in his office to interfere with the activities of the Federal Bureau of Investigation |
| Violation of the right to due process | Withholding information and tapes relevant to an ongoing criminal investigation |
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What You'll Learn
Obstruction of justice
The impeachment process against Richard Nixon began with the Watergate Scandal, which started during the 1972 presidential campaign between Nixon and his Democratic challenger, Senator George McGovern of South Dakota. On June 17, 1972, five men broke into the Democratic National Committee headquarters in the Watergate Office Building and were later found to have ties with the Nixon administration.
In May 1973, Attorney General Elliot Richardson appointed Archibald Cox to the position of special prosecutor, tasked with investigating the break-in. In October of the same year, Nixon ordered Cox to be fired, leading to the immediate departures of both Richardson and Deputy Attorney General William Ruckelshaus, in what became known as the "Saturday Night Massacre".
In April 1974, Leon Jaworski, the new special prosecutor, obtained a subpoena ordering Nixon to release certain tapes and papers related to specific meetings between the President and those indicted by the grand jury. These tapes were believed to contain damaging evidence involving the indicted men and potentially the President himself. Nixon turned over edited transcripts of 43 conversations, including portions of 20 conversations demanded by the subpoena.
The impeachment inquiry staff reported their accumulated evidence on the various charges against the president, presenting detailed evidence showing how Nixon had obstructed justice and abused his presidential power during the investigation of the Watergate break-in.
Nixon was charged with obstruction of justice for attempting to impede the investigation of the Watergate break-in, protect those responsible, and conceal the existence of other illegal activities. He was also accused of failing to act on the knowledge that his close subordinates had sought to impede justice in the Watergate case and related matters.
The Supreme Court's decision in United States v. Nixon was a landmark moment in American constitutional history, reaffirming the principle of the rule of law and the separation of powers. The Court ruled that the President did not have an "absolute, unqualified privilege to withhold information", and that the tapes were essential to the ongoing investigation of the Watergate scandal.
Nixon's actions and involvement in the Watergate Scandal, as well as his attempts to impede the investigation, constituted obstruction of justice and led to the impeachment process against him.
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Abuse of power
The impeachment process against Richard Nixon, which began in 1972, revealed several abuses of power by the former president. The process was initiated following the Watergate Scandal, which involved the break-in of the Democratic National Committee headquarters by five men with ties to the Nixon administration.
The impeachment process revealed that Nixon had abused his presidential power by using the office of the presidency to unlawfully employ federal agencies, such as the Internal Revenue Service (IRS) and the Federal Bureau of Investigation (FBI), to violate the constitutional rights of citizens and interfere with lawful investigations. Nixon was also accused of using the "national security" cover to authorise a series of secret wiretaps against government officials, newsmen, and his brother, Donald Nixon.
Furthermore, Nixon established the White House Special Investigations Unit, later called the "plumbers," to carry out "covert and unlawful activities." These activities included the 1971 burglary of a psychiatrist's office to obtain information to defame Daniel Ellsberg for his role in publishing the Pentagon Papers. Nixon was also aware that his close subordinates were impeding justice in the Watergate case but failed to act.
Nixon's administration was also found to have accepted illegal campaign contributions from International Telephone and Telegraph and American Milk Producers, violating campaign finance laws. Additionally, Nixon was accused of unconstitutionally impounding federal funds appropriated for domestic programs, amounting to about $18 billion in the fiscal year 1973, and violating the Constitution's Domestic Emoluments Clause (Article II, Clause 7).
The impeachment process against Nixon culminated in the landmark Supreme Court case, United States v. Nixon, where the Court unanimously ordered Nixon to release tape recordings and other subpoenaed materials related to the Watergate Scandal. The ruling reaffirmed the principle of the rule of law and the separation of powers, establishing that no one, not even the president, is above the law.
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Violation of the Constitution's Domestic Emoluments Clause
The Domestic Emoluments Clause, outlined in Article II, Section 1, Clause 7 of the U.S. Constitution, is a critical provision aimed at preserving the integrity and independence of the presidency. It prohibits the president from receiving any form of advantage, benefit, or compensation from the federal government or state governments beyond their fixed salary as chief executive. The clause serves as a safeguard against corruption and undue influence, ensuring that the president's actions are driven by the nation's best interests rather than personal gain.
During the impeachment process against Richard Nixon, he was charged with violating the Domestic Emoluments Clause. This violation was among a series of alleged wrongdoing by Nixon, including obstruction of justice, abuse of power, and contempt of Congress. The specific details of how Nixon violated the Domestic Emoluments Clause are not readily available in the sources, but it suggests that he may have received benefits or compensation beyond his fixed salary, which would be a direct breach of the clause's prohibition.
The Domestic Emoluments Clause, often referred to as one of the country's original anti-corruption laws, is designed to protect against improper influence and ensure the president's independence from external pressures. By prohibiting the president from receiving any form of advantage or compensation beyond their fixed salary, the clause prevents the president from being subject to undue influence or using their office for personal gain. This clause reinforces the separation of powers and maintains the integrity of the presidency.
The inclusion of the Domestic Emoluments Clause in the U.S. Constitution reflects the Framers' foresight in safeguarding against potential abuses of power. They recognized the importance of preventing the president from being influenced by personal gain or the prospect of advantage from any state or the federal government. This clause stands as a testament to the Framers' commitment to creating a robust system of checks and balances, holding the president accountable to the people and the nation's founding principles.
While the specific circumstances of Nixon's violation of the Domestic Emoluments Clause are not explicitly mentioned, the fact that it was included in the articles of impeachment against him underscores the seriousness of the offence. The violation of this clause undermines the very foundation of the presidency and erodes the trust between the people and their elected leader. Nixon's case serves as a reminder of the importance of upholding the Domestic Emoluments Clause and the consequences that follow when a president fails to adhere to the nation's founding principles and constitutional obligations.
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Presidential privilege
The concept of executive privilege, or presidential privilege, is a presumptive privilege for presidential communications. It is fundamental to the operation of the government and rooted in the separation of powers under the Constitution.
In the case of United States v. Nixon, which arose out of the Watergate scandal, the Supreme Court rejected President Nixon's claim of absolute executive privilege. The Court concluded that neither the separation of powers nor a generalized need for confidential communications supported an absolute privilege. Chief Justice Warren Burger wrote in the opinion that "when the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice."
Nixon's attorneys argued that the concept of executive privilege gave him the power to withhold sensitive information, such as audio tapes of conversations recorded in the White House, from other government branches to maintain confidential communications within the executive branch and to secure the national interest.
The Court's decision set a standard of "demonstrated specific need" for the enforcement of a federal criminal subpoena to the President, further defining the boundaries of executive privilege and clarifying the process for any future lawsuits against the Chief Executive.
The case of United States v. Nixon is considered a crucial precedent limiting the power of any US president to claim executive privilege.
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Separation of powers
The separation of powers is a key principle in the US Constitution, designed to ensure that no one branch of government becomes too powerful. In the case of US v. Nixon, the Supreme Court addressed the issue of whether the President had absolute power to withhold information from the other branches of government and whether the executive privilege clause could be claimed in such circumstances.
The case arose out of the Watergate scandal, in which five men with ties to the Nixon administration broke into the Democratic National Committee headquarters during the 1972 presidential campaign. The scandal led to an investigation and the appointment of a special prosecutor, Archibald Cox, who was later fired by Nixon, leading to the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus in what became known as the "Saturday Night Massacre".
During the investigation, the special prosecutor subpoenaed certain tapes and papers related to meetings between President Nixon and those indicted by the grand jury. Nixon refused to comply with the subpoenas, claiming executive privilege and arguing that he had an absolute privilege to protect communications between high government officials and their advisers.
The Supreme Court, in a landmark decision, ruled unanimously against Nixon, finding that the President's executive privilege was not absolute and that the tapes were essential to the ongoing investigation. The Court held that the President did not have an "absolute, unqualified privilege to withhold information" and that the principle of executive privilege could not override the needs of the judicial process. This ruling reaffirmed the principle of the separation of powers and the rule of law, establishing that no one, not even the President, is above the law.
The case also had implications for the independence of the judiciary as a separate branch of government, free from political interference or executive pressure. It demonstrated the power of the Constitution to hold even the President accountable and transparent in their governance. As such, the case of US v. Nixon stands as a crucial precedent limiting the power of any US President to claim executive privilege and reinforcing the separation of powers.
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Frequently asked questions
The Watergate Scandal. Nixon was accused of obstructing justice, abusing power, and contempt of Congress. He was also found to have violated the Constitution's Domestic Emoluments Clause (Article II, Clause 7).
United States v. Nixon, 418 U.S. 683 (1974) was a landmark decision by the Supreme Court that ordered Nixon to release tape recordings and other materials related to the Watergate Scandal. The Court ruled that Nixon's claim of executive privilege was not absolute and that no one, including the president, is above the law.
The Supreme Court ruled against Nixon, finding that the tapes were essential to the investigation of the Watergate Scandal. Nixon resigned from office shortly after the ruling.
