SCOTUS COMPARISON FRQ During the Watergate investigation in the early 1970s, the special prosecutor wanted information
discussed on President Nixon's White House audiotapes used as evidence in the investigation. When
the lower court issued a subpoena for the tapes, the president refused to hand them over, claiming
executive privilege (his right to keep his discussions confidential) as part of the separation of powers,
because some were of delicate national security interests and not the business of the court. Only by
guaranteeing the confidentiality, he argued, could he preserve the candor of advisors. In U. S. v. Nixon
(1974), the Supreme Court ruled in a unanimous decision that, in the fair administration of justice, a
court could compel even the president with its power of subpoena during an investigation. Nixon had to
comply by handing over the tapes as evidence in the investigation.
1. Identify a similarity or difference between the rulings in U. S. v. Nixon (1974) and Marbury v. Madison
(1803)
2. Based on the similarity or difference identified in A, explain how U. S. v. Nixon relates to the
interactions between branches.
C. Describe an action the executive branch might take to limit the impact of U. S. v. Nixon