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The United States Supreme Court unanimously rejected Nixon's use of executive privilege regarding the Watergate Scandal.
because
score: 5
The needs of the judicial process outweigh Presidential privilege.
because
score: 3
The separation of powers necessitates that judicial power cannot be shared with the executive branch, and vice versa.
because
score: 2
It would impede the judicial systems ability to handle criminal prosecutions of the Executive Branch.
because
score: 1
It would upset the balance of powers between the legislative, judicial, and executive branches while impeding the important role of the court system.
0 branch
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because
score: 1
Executive privilege is not more important than justice and constitutionality.
however
score: 0
This does not inherently apply to issues of military, diplomacy, or national security.
but
score: 1
Nixon does not assert that any of these conditions apply to the disclosure of his tapes.
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2 branch
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because
score: 3
The Presidents need for confidential communication does not automatically give him executive privilege in all cases.
however
score: -1
The President does have certain enumerated powers under the U.S. Constitution.
but
score: 2
This does not inherently grant the President immunity all types of judicial review.
because
score: 1
If an issue is a matter of broad claims of public interest, executive privilege is not guaranteed.
0 branch
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but
score: -2
He is allowed confidentiality in his conversations, as are all citizens.
but
score: 3
The United States court system necessitates that all facts in a case are relevant and necessary for a fair trial.
because
score: 2
The integrity of the justice system depends on the full disclosure of facts.
because
score: 1
It is the courts duty to carry out due process of law and all evidence is necessary to adequately fulfill this duty.
0 branch
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0 branch
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1 branch
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because
score: -1
It is the duty of the court, not the President to decide the law.
but
score: 2
There is no official definition of judicial power as it relates to the enforcement of a Presidential subpoena.
however
score: 1
There are precedents that have been regarded as unconstitutional that pertain to the Executive Branch of the government, like the ruling in Powell v. McCormack.
because
score: 1
Executive privilege is not explicitly mentioned in the Constitution, it is only inferred based on what is stated regarding Presidential duties.
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last update:
dowdya
(3 years ago)
dowdya
