Question

After reading the Supreme Court case, the United States v. Nixon (1974), under what circumstances, if any, is such a claim legitimate? Can you think of a case in which they are not legitimate? Explain your answer.

Answer 1

The claim of executive privilege is considered legitimate in circumstances where it protects national security or diplomatic relations, as ruled by the Supreme Court in United States v. Nixon (1974). However, executive privilege is not absolute and must yield to legitimate needs for evidence or the fair administration of justice.

Step-by-step explanation:

In the case of United States v. Nixon (1974), the Supreme Court ruled that there are circumstances in which a claim of executive privilege is legitimate, but only in cases where it protects national security or diplomatic relations. The Court recognized that the need for confidentiality in certain government communications is essential to the functioning of the executive branch. However, the Court also made it clear that executive privilege is not absolute and must yield to legitimate needs for evidence or the fair administration of justice.

An example of a case in which a claim of executive privilege would not be legitimate is the Pentagon Papers case in 1971. The government sued the New York Times to stop the publication of classified information regarding the Vietnam War. The Supreme Court ruled in favor of the New York Times, stating that the public's right to know and freedom of the press outweighed the government's claim of national security.