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United States v. Nixon (1974): List 3

Following the Watergate break-in scandal (1972-1974), a subpoena was issued for tapes and papers related to meetings held by Richard Nixon in the Oval Office. The president claimed "executive privilege" to withhold the evidence, but the Supreme Court rejected his immunity claiming that no person is beyond the law. This decision reinforced the impeachment process and led to Nixon's resignation. The unanimous opinion was written by Justice Warren Burger. Read the full text here.

The vocabulary on this list is from paragraphs 27-53 of the opinion.
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Full list of words from this list:

  1. preclude
    keep from happening or arising
    The first contention is a broad claim that the separation of powers doctrine precludes judicial review of a President's claim of privilege
  2. construe
    make sense of; assign a meaning to
    Since this Court has consistently exercised the power to construe and delineate claims arising under express powers, it must follow that the Court has authority to interpret claims with respect to powers alleged to derive from enumerated powers.
  3. manifold
    many and varied; having many features or forms
    The first ground is the valid need for protection of communications between high Government officials and those who advise and assist them in the performance of their manifold duties; the importance of this confidentiality is too plain to require further discussion.
  4. impediment
    something immaterial that interferes with action or progress
    The impediment that an absolute, unqualified privilege would place in the way of the primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions would plainly conflict with the function of the courts under Art. III.
  5. unqualified
    not limited or restricted
    The impediment that an absolute, unqualified privilege would place in the way of the primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions would plainly conflict with the function of the courts under Art. III.
  6. enjoin
    give instructions to or direct somebody to do something
    While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity.
  7. impair
    make worse or less effective
    To read the Art. II powers of the President as providing an absolute privilege as against a subpoena essential to enforcement of criminal statutes on no more than a generalized claim of the public interest in confidentiality of nonmilitary and nondiplomatic discussions would upset the constitutional balance of "a workable government" and gravely impair the role of the courts under Art. III.
  8. deference
    a disposition or tendency to yield to the will of others
    The expectation of a President to the confidentiality of his conversations and correspondence, like the claim of confidentiality of judicial deliberations, for example, has all the values to which we accord deference for the privacy of all citizens and, added to those values, is the necessity for protection of the public interest in candid, objective, and even blunt or harsh opinions in Presidential decisionmaking.
  9. disclosure
    the act of making something evident
    The very integrity of the judicial system and public confidence in the system depend on full disclosure of all the facts, within the framework of the rules of evidence.
  10. diplomatic
    relating to negotiation between nations
    He does not place his claim of privilege on the ground they are military or diplomatic secrets.
  11. jeopardize
    pose a threat to; present a danger to
    When this is the case, the occasion for the privilege is appropriate, and the court should not jeopardize the security which the privilege is meant to protect by insisting upon an examination of the evidence, even by the judge alone, in chambers.
  12. vindicate
    maintain, uphold, or defend
    It is the manifest duty of the courts to vindicate those guarantees, and to accomplish that it is essential that all relevant and admissible evidence be produced.
  13. inroad
    an encroachment or intrusion
    In this case, we must weigh the importance of the general privilege of confidentiality of Presidential communications in performance of the President's responsibilities against the inroads of such a privilege on the fair administration of criminal justice.
  14. vitiate
    take away the legal force of or render ineffective
    The President's broad interest in confidentiality of communications will not be vitiated by disclosure of a limited number of conversations preliminarily shown to have some bearing on the pending criminal cases.
  15. prevail
    be larger in number, quantity, power, status or importance
    We conclude that, when the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice.
Created on Wed Jun 04 16:24:13 EDT 2025 (updated Fri Jul 11 11:14:10 EDT 2025)

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