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CONSTITUTIONAL LAW SPRING 2007

Explore constitutional law precedents on executive privilege and immunities removal powers, including the impeachment of Andrew Johnson and cases like Myers v. United States, Humphrey’s Executor v. United States, United States v. Nixon, Nixon v. Fitzgerald, and Clinton v. Jones. Learn about Chief Justice William Howard Taft's opinions and dissenting views from notable Justices.

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CONSTITUTIONAL LAW SPRING 2007

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  1. CONSTITUTIONAL LAWSPRING 2007 Professor Fischer Class 17: Executive Privilege and Immunities

  2. Removal Power • Impeachment of Andrew Johnson after he fired Secretary of War Edwin Stanton

  3. Myers v. United States (1926) • Chief Justice William Howard Taft (a former president from 1909-1913) wrote the majority opinion joined by Van Devanter, Sutherland, Butler, Sanford, StoneDissent by: HolmesDissent by: McReynoldsDissent by: Brandeis

  4. Humphrey’s Executor v. United States (1935) • Unanimous opinion written by Justice Sutherland

  5. United States v. Nixon (1974) (CB p. 420) • Majority by: Burger, joined by: Douglas, Brennan, Stewart, White, Marshall, Blackmun,Powell • Recused: Rehnquist (note that Burger, Blackmun, and Powell were also appointed by Nixon) • Picture is from April 1974 televised address: Nixon explains his release of edited versions of the tapes.

  6. Nixon v. Fitzgerald (1982) • 5-4 decision. POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and REHNQUIST, STEVENS, and O'CONNOR, JJ., joined. • BURGER, C.J., filed a concurring opinion • WHITE, J., filed a dissenting opinion, in which BRENNAN, MARSHALL, and BLACKMUN, JJ., joined. • BLACKMUN, J., filed a dissenting opinion, in which BRENNAN and MARSHALL, JJ., joined.

  7. Clinton v. Jones (1997) • Justice Stevens wrote the opinion of the Court • Joined by: Rehnquist, O'Connor, Scalia, Kennedy, Souter, Thomas, GinsburgConcurrence by: Breyer (a Clinton appointee)

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