Political Science Pol Sci 3403 Lecture Notes - Lecture 24: Executive Privilege, Antonin Scalia
12 Jun 2016
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Removals can be thought of as a continuum a. i. 1. One side has no congress, the other side. No congress: (unitary executive taft, scalia) president can fire at will a. i. 3. Brandeis, mcreynolds) says president can fire no-one in the executive branch without senate approval a. i. 4. Richard nixon decided not to compromise anything forced the case into court b. i. Dismiss this case should be dismissed because it is a political question marbury v. madison question 2. Logic was that this is an intra-branch dispute (within the executive branch) over prosecution (between the president and special prosecutor who"s under the executive branch) ultimately it is the president"s unreviewable discretion on who to prosecute b. ii. 2. Deference if you don"t dismiss this case, you should defer to the president when he claims executive. Privilege no one can challenge the president when he claims privilege no court can continue to challenge him b. ii. 3. Privilege there"s absolute executive privilege in the constitution somewhere he claimed b. ii. 4.
