United States v. Nixon (1974)
"Through the Years: Impeachments in U.S. History"

Directions
  1. Read the following excerpts from the Constitution and complete the graphic organizer.

  2. Click here to download and print the graphic organizer in PDF format.

Part I. Understanding the Impeachment Process


Article I, Section 2 of the United States Constitution says, in part, “The House of Representatives shall have the sole power of Impeachment.”

Article 1, Section 3 of the United States Constitution says, in part “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside: And no person shall be convicted without the Concurrence of two thirds of the members present.”

Article II, Section 4 of the United States Constitution says, “The President, Vice President and all civil Officers of the United States, shall be removed from office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”



Part II


President Nixon was neither the first or last American president to be threatened with impeachment proceedings. In 1868, the United States House of Representatives issued eleven articles of impeachment against President Andrew Johnson. In 1974, the House Judiciary Committee produced three articles of impeachment against President Richard Nixon. Before the full House could vote, Nixon resigned. In 1998, the House Judiciary Committee introduced four articles of impeachment against President Bill Clinton, two of which were approved by the entire House.


Directions
  1. Read the summaries from the articles of impeachment issued against each president.

    Articles of Impeachment against President Johnson,1868

    Articles of Impeachment against President Nixon,1974

    Articles of Impeachment against President Clinton,1998

  2. In the chart provided, summarize the most serious accusations.

  3. Then, in the next column, determine if the accusations constituted "high crimes and misdemeanors" and warranted an impeachment.

  4. Your teacher will divide the class into the "House" and the "Senate", with approximately 2/3 of the class in the House and the remaining 1/3 in the Senate.

  5. The House will briefly debate the accusations against Johnson and decide whether or not to impeach him. If the House does impeach Johnson, then the Senate will vote on whether to convict him.

  6. Repeat Procedure #5 for Presidents Nixon and Clinton.
President Most Serious Accusations Do these accusations constitute high crimes and misdemeanors? Is there a valid reason to impeach? Why or why not?
Andrew Johnson    
Richard Nixon    
Bill Clinton    

For Further Thought:
  1. In your opinion, what constitutes "high crimes and misdemeanors"?

  2. Has Congress ever impeached a president for behavior that you do not consider being a "high crime or misdemeanor?" If so, why do you think Congress did this?

  3. Does the Congressional power of impeachment assist or impede the system of checks and balances in the United States? Explain.
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Diagram of How the Case Moved Through the Court System

 
Listen to the Oral Arguments
 
Key Excerpts from the Opinion
 
Full Text of the Opinion

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Activities
    The Case
What Secrets Are Protected Under Executive Privilege?
 
National Archives Lesson: Should the Special Prosecutor Indict Former President Nixon?

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    After the Case
Nixon's Views on Presidential Power: Excerpts from a 1977 Interview with David Frost
 
Through the Years: Comparing Impeachments in U.S. History

President Clinton: The President as Defendant

The Legacy of Watergate: RethLegal Ethics

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    Additional     Resources
The Washington Post's 25th Anniversary Web site for Watergate
 
CNN's All Politics Web site on Watergate
 
Primary and Secondary Source Background Materials on Watergate
 
Listen to the Nixon White House Tapes from the National Archives
 
Listen to and Read Transcripts of President Nixon's White House Tapes, Including the "Smoking Gun" Conversation
 
The History of the Watergate Scandal: An Internet Scavenger Hunt

Watergate Lesson Plan

Executive Privilege

The Starr Investigation and Continuing Reliance on United States v. Nixon

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