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CONSTITUTIONAL LAW SPRING 2007

CONSTITUTIONAL LAW SPRING 2007. Professor Fischer Class 17: Executive Privilege and Immunities. Removal Power. Impeachment of Andrew Johnson after he fired Secretary of War Edwin Stanton. Myers v. United States (1926).

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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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