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Shameful or Ignored Supreme Court Cases
Resource 12 . 4
32 minutes

Nixon v. United States

Seth J. Chandler

1. In October of 2019, President Donald Trump had his lawyers send a letter to Congress objecting to potential procedures to be used in an impeachment inquiry.  He wrote: "To comply with the Constitution's demands, appropriate procedures would include-at a minimum-the right to see all evidence, to present evidence, to call witnesses, to have counsel present at all hearings, to cross-examine all witnesses, to make objections relating to the examination of witnesses or the admissibility of testimony and evidence, and to respond to evidence and testimony. Likewise, the Committees must provide for the disclosure of all evidence favorable to the President and all evidence bearing on the credibility of witnesses called to testify in the inquiry." What does Nixon v. United States suggest about this argument?

2. The court uses several techniques to resolve this case. It relies on dictionnaries, on the history of the constitutional convention, and on its own judgment about disruptions caused by judicial intervention. Which of these methods do you like or dislike most?

Supreme Court of the United States
506 U.S. 224, 122 L. Ed. 2d 1, 113 S. Ct. 732, 1993 U.S. LEXIS 834, SCDB 1992-016
No. 91-740
1993-01-13

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