Congressional Digest

Supreme Court Debates October 2004 No. 7 Vol. 7
Opinion of the Court

Executive Branch Powers

Confidentiality of the Bush Administration's Energy Task Force

Opinion of the Court

The Court of Appeals Should Rule on the Energy Task Force Meetings

It is well established that "a President’s communications and activities encompass a vastly wider range of sensitive material than would be true of any `ordinary individual.’" — United States v. Nixon (1974). Chief Justice Marshall, sitting as a trial judge, recognized the unique position of the Executive Branch when he stated that "[i]n no case … would a court be required to proceed against the President as against an ordinary individual." — United States v. Burr (CC Va. 1807). As Nixon explained, these principles do not mean that the "President is above the law." Rather, they simply acknowledge that the…

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