Marbury v. Madison SCC FRQ

In 1972, the reelection campaign of President Richard Nixon was marred by a scandal following a break-in at the Democratic National Committee headquarters within the Watergate complex in Washington, D.C. The ensuing investigation revealed involvement by members of Nixon's campaign team and unearthed recordings of numerous conversations made by Nixon in his offices. These tapes, believed to contain evidence implicating Nixon and his administration in the break-in and its cover-up, were subpoenaed by the special prosecutor assigned to the Watergate scandal. Nixon, however, resisted the subpoena, claiming a broad executive privilege that he argued protected these communications from judicial scrutiny. This assertion led to a historic confrontation between the presidency and the judiciary, culminating in the Supreme Court case United States v. Nixon.

The Supreme Court, in a decisive 8-0 ruling (with Justice William Rehnquist recusing himself), mandated that Nixon comply with the subpoena and hand over the tapes, rejecting Nixon's claim to an absolute executive privilege. The Court acknowledged a limited form of this privilege in specific contexts like military or diplomatic affairs but clarified it could not be invoked to withhold evidence relevant to a criminal investigation. This landmark decision underscored the principle that the president's authority to maintain confidential communications is not unlimited, especially when it obstructs the pursuit of justice in criminal cases. Furthermore, the ruling firmly established the judiciary's role as the ultimate interpreter of the Constitution, ensuring that no individual, not even the president, could wield unchecked power or stand above the law.

Identify the constitutional principle that is common in both Marbury v. Madison and US v. Nixon.

Explain how the facts in Marbury v. Madison allowed for a similar holding in US v. Nixon.

Explain how the holding in US v. Nixon affected the balance of power between the courts and the executive branch.