Thursday, January 2, 2020

Does the separation of powers provide the President with...

14. Constitutional Question: Does the separation of powers provide the President with an absolute power to withhold information from the other branches? Background Information: After the Watergate Scandal, a man by the name of Leon Jaworski who was in charge of conducting the investigation obtained a subpoena which ordered Nixon to give up tapes and papers related to the meetings. Nixon asserted that he had an absolute executive privilege to protect communications and only released some of them which were edited. He was finally asked by the Supreme Court to release them in its entirety. Opinion: The Court ruled that President Nixon had to release the tapes. Chief Justice Burger said that an absolute and unqualified privilege would be†¦show more content†¦Background Information: The school-sponsored newspaper of Hazelwood High School called The Spectrum was written by its students. The school principal found two articles that he deemed inappropriate and ordered them to be edited out. Cathy Kulhmeier and to other students brought it to court. Opinion: The court held that the 1st Amendment didn’t require schools to promote particular types of student speech. They held that high schools must set certain standards regarding speech and the school retained the right to refuse to sponsor speech that was considered inconsistent within the shared values of a civilized social order. They also said that editorial control over the content of speech is allowed if the school has a legitimate pedagogical concern for it. 19. Constitutional Question: Under the 1st Amendment, is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under it? Background Information: In 1984, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies in front of the Dallas City Hall. Johnson was arrested, tried, and convicted because his action was against Texas law. He was sentenced to a year in jail and had to pay a fine. The Texas Court of Criminal Appeals reversed the conviction and the case went to the Supreme Court. Opinion: The Court held that Johnson’s burning ofShow MoreRelatedThe United States Presidency And Executive Privilege Essay1721 Words   |  7 Pagesentails, â€Å"exemption from legally enforced disclosure of communications within the executive branch of government when such disclosure would adversely affect the functions and decision-making processes of the executive branch† (Merriam-Webster). In other words, executive privilege is the notion that the President is exempt from having to give evidence or disclose information to congressional hearings or to judicial inquiries. Executive privilege also typically includes immunity from legal disputes involvingRead MoreThe Presidental Limits Essay1206 Words   |  5 PagesThe President of the United States is the most powerful wo/man in the world. There are few limits to what s/he can do. 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