United States v Nixo Essay Example for Free

United States v Nixo Essay A grand jury returned indictments against seven of President Nixon’s White House staff members and political supporters of the President for violation of federal statutes in the Watergate affair,. The President on the other hand was named as an un-indicted co-conspirator. The Special Prosecutor Leon Jaworski filed a motion under Federal Rule of Criminal Procedure Rule 17 for a subpoena duces tecum, a court summons ordering the President to appear before the court and produce tapes, documents and other tangible evidence relating to precisely identified conversations and meeting between President Nixon and his aides. The District Court initially treated the subpoena material as presumptively privileged, but then concluded that the Special Prosecutor made sufficient showing to justify a subpoena for production before trial. The District Court then issued an order for an in camera examination of the subpoenaed material, rejecting President Nixon’s contentions that the judiciary lacked authority to review his assertion of absolute executive privileged and the dispute between him and the Special Prosecutor was nonjusticiable as an â€Å"intra-executive† conflict. The District Court of the District of Columbia issued an order for in camera assessment of subpoena material consequently rejecting President Nixon’s arguments. President Nixon then sought appellate review in the Court of Appeals. The Special Prosecutor Leon Jaworski subsequently filed a writ of certiorari and President Nixon filed a cross-petition for a writ challenging the grand jury. The U.S Supreme Court granted both petitions. Under the laws of the constitution, can the President of the United States, upon his non-indictment for conspiracy which violates federal law, invoke absolute executive privilege that interferes with a District Court order directing him to produce certain tape recordings and documents relating to his conversations with aides and advisers? 1. Article II Section 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments 2.Federal Rule of Criminal Procedure Rule 17 (c): A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in evidence. When the items arrive, the court may permit the parties and their attorneys to inspect all or part of them. 3.Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 4.Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. The Supreme Court proceeded in determining a resolution to the case by acknowledging and evaluating the presented arguments of both parties. They began with assessing the argument by President Nixon’s counsel that the dispute between the President and the Special Prosecutor Leon Jaworski was an intra-branch dispute between a subordinate and superior officer of the Executive Branch and is not subjected to judicial resolution. Based on that claim, the Supreme Court introduced the regulations of the Authority of Article II, Section 2 and indicated that under those regulations Congress has vested in the Attorney General the power to conduct the criminal litigations of the United States Government. Along with that, the Attorney General also has the power to appoint subordinate officers to assist him in the discharge of his duties. For cases such as this and in conformation of the statutes, the Attorney General delegated authority to Special Prosecutor Leon Jaworski to represent the United States. Based on the governing statutes and the delegation of authority, the Supreme Court agreed that the Special Prosecutor was indeed acting within the scope of his express authority. They also included that the fact that both parties are officers of the Executive Branch could not be viewed as an avoidance of justifiability and would however be inconsistent with applicable laws and regulations. As a result of that, the Supreme Court’s concluded that the Special Prosecutor has standing to bring action and that a justifiable disagreement had been presented for decision. The second argument the Supreme Court reviewed was the way in which the evidence was sought, by determining whether the issuance of the subpoena duces tecum in the federal criminal proceeding was in accordance with the requirements of the Federal Rule of Criminal Procedure -Rule 17 (c). The Supreme Court concluded that the Special Prosecutor satisfied the requirements by ensuring that production of the evidence sought displayed relevancy, admissibility, and specificity to the criminal case. Along with that, the Supreme Court agreed that there was sufficient likelihood that each of the tapes contained conversations relevant to the offenses charged in the indictment. Finally the Supreme Court evaluated the argument by President Nixon’s counsel, of immunization from the subpoena on the basis of absolute executive privilege. The Supreme Court weighed the importance of general privilege of confidentiality of Presidential communication and took into account that the basis for the claim of privilege was not on the grounds of military or diplomatic secrets. In the absence of a claim of military, diplomatic or sensitive national security secrets, the Supreme Court rejected the argument of confidentiality of Presidential communication, stating that the allowance of the privilege to withhold evidence that proves relevant in a criminal trial would cut deeply into the guarantee of due process of the law depicted in the Fifth Amendment. Along with that the Sixth Amendment confers upon every defendant in a criminal trial the right â€Å"to be confronted with the witnesses against him† and â€Å"to have compulsory process for obtaining witnesses in his favor. Therefore full disclosure of the facts is essential to the carrying out justice of the Sixth Amendment right to face adversaries. The Supreme Court concluded that when the grounds for asserting privilege against the production of subpoenaed material sought for the use in a criminal proceeding is based on a general interest in confidentially, the claim of privilege must yield to the specific need for evidence. The Supreme Court justices exerted strenuous effort to agree upon a decision in this case. Their efforts resulted with a unanimous 8 to 0 ruling, ordering President Nixon to comply with the subpoena and produces the tapes and documentation to use as evidence in the trial court. In regards to the claims of absolute executive privilege the Supreme took into account that the President’s communications and activities encompass a wide range of sensitive material and is therefore entitled him deference. However since the basis for asserting privilege was not related to important military or diplomatic secrets affecting national security, the need to ensure a fair trial outweighed the principle of executive privilege. Ultimately the Supreme Court’s final ruling gave preference to the fundamental demands of due process of the law in the fair administration of justice. My opinion is that the President refused to turn over the evidence because it contained relevant facts that would indicate his involvement; therefore invoking a right to privilege of confidentiality was a way in which to avoid an order that could possibly reveal information that could convict him as well. However despite the President great dissent for the ruling, once he exercise the order by the Supreme Court to produce the relevant evidence, the content undoubtedly revealed the President participation in the Watergate scandal. As a result of this President Nixon resigned from office in effort to avoid impeachment, becoming the first President of the United Stated to ever resign his position.

Cubans Racist Attitudes Towards Blacks :: Race Racial Cuba African Cubans essays

Cubans' Racist Attitudes Towards Blacks Racism played different roles before, and throughout the the Spanish American War when Cuba finally became an independent state. Theories argue that there was very little racism in Cuba, that racism was brought by the Americans; Aline Helg begged to differ in her book, Our Rightful Share, and so will the following argument. When slavery was abolished in 1886 discrimination against blacks did not disappear. Helg argues: Cuban society remained divided along racial lines, when a child was born the first thing they had to state at registration was his or her skin color.? (Helg 25) Many places in Cuba simply refused to serve Afro-Cubans. On the other hand they now received wages for their hard work and certainly did enjoy some independence. Remarkably the Afro-Cubans maintained their pride. Even though they needed to accomplish more than whites in order to be rewarded, the Afro-Cubans did not sit still. Many leaders arose from the African descendants who shared their voices with the rest of Cuba. They created newspapers, La Igualdad, that joined the Liberation forces to ascend themselves, etc. The white Cuban society had a different view of these advancements; society feared that they would rebel like the Haitians, their solution was to repress more and more. Not physically, but as time went by there were less places for Afro-Cubans to inter-mix with the white society. Cubans launched the war for independence on February 24th of 1895. Each region rebelled independently: Matanzas, Camaguey, Oriente all rebelled by the end of 1895. This war of independence brought whites and blacks together. In general, the war against Spain brought men of completely different social backgrounds together. Blacks and whites, poor and rich joined forces to free Cuba. The Liberation army was an integrated body in the sense that there were no distinct black or white battalions. Some claimed that it was color-blind.?(Helg 59) The United States was interested in attaining Cuba for economic purposes and eventually they did. This created chaos between Cuban elites/whites and Americans. Americans brought back the Cubans that had been in exile in .America to rule the country. Their policies discriminated against the Afro-Cubans. In a way all Cubans were discriminated against by the Americans. ?After 1898, Cubans were affected not only by the socioeconomic and political impact of the US occupation but also by the racist contempt many North Americans felt for all Cubans, whether black or not. Cubans' Racist Attitudes Towards Blacks :: Race Racial Cuba African Cubans essays Cubans' Racist Attitudes Towards Blacks Racism played different roles before, and throughout the the Spanish American War when Cuba finally became an independent state. Theories argue that there was very little racism in Cuba, that racism was brought by the Americans; Aline Helg begged to differ in her book, Our Rightful Share, and so will the following argument. When slavery was abolished in 1886 discrimination against blacks did not disappear. Helg argues: Cuban society remained divided along racial lines, when a child was born the first thing they had to state at registration was his or her skin color.? (Helg 25) Many places in Cuba simply refused to serve Afro-Cubans. On the other hand they now received wages for their hard work and certainly did enjoy some independence. Remarkably the Afro-Cubans maintained their pride. Even though they needed to accomplish more than whites in order to be rewarded, the Afro-Cubans did not sit still. Many leaders arose from the African descendants who shared their voices with the rest of Cuba. They created newspapers, La Igualdad, that joined the Liberation forces to ascend themselves, etc. The white Cuban society had a different view of these advancements; society feared that they would rebel like the Haitians, their solution was to repress more and more. Not physically, but as time went by there were less places for Afro-Cubans to inter-mix with the white society. Cubans launched the war for independence on February 24th of 1895. Each region rebelled independently: Matanzas, Camaguey, Oriente all rebelled by the end of 1895. This war of independence brought whites and blacks together. In general, the war against Spain brought men of completely different social backgrounds together. Blacks and whites, poor and rich joined forces to free Cuba. The Liberation army was an integrated body in the sense that there were no distinct black or white battalions. Some claimed that it was color-blind.?(Helg 59) The United States was interested in attaining Cuba for economic purposes and eventually they did. This created chaos between Cuban elites/whites and Americans. Americans brought back the Cubans that had been in exile in .America to rule the country. Their policies discriminated against the Afro-Cubans. In a way all Cubans were discriminated against by the Americans. ?After 1898, Cubans were affected not only by the socioeconomic and political impact of the US occupation but also by the racist contempt many North Americans felt for all Cubans, whether black or not.

Cause & Effect of European Exploration

Cause & Effect European Exploration Essay Throughout history, people have been curious about finding new land and exploring. Many different factors stirred interest in colonization and exploration for Europeans. During the 15th and 17th centuries Europe was changing rapidly and had its own reasons for growth. All of Europe had the excitement and hesitation of finding new places. There were many reasons for Europe to grow and expand, some of the causes for Europe’s expansion were; a search for new trade routes, religion, new technology, the desire for new products and gold.Europe wanted to find a new trade route to Asia because they wanted the silk, spices, jewels, and riches from China and India that were very valuable. One of the problems that were faced was that when they arrived in Western Europe, the products had been taxed so many times along the way that they were extremely expensive. They wanted to find a route around so that they could get the goods first. They wanted to find a northwest passage.Christian rulers in Europe wanted to spread their religion of Christianity throughout the overseas exploration, they felt they had a duty to keep fighting for Muslims but also to convert non- Christians throughout the world. Bartolomeu Dias (Portuguese explorer) said that his motive was â€Å"to serve God and His Majesty, to give light to those who were in darkness and to grow rich as all men desire to do. † European explores had better navigation skills and equipment to help them find their way.They had a compass and moveable rudder which allowed the explorers to sail even further than before. They also used an astrolabe which used the stars to determine how far north or south they were from the equator. European explorers were on a mission to find these new lands and new technologies, those causes stimulated effects for the aftermath of the exploration. One of the effects on European exploration was the Columbian Exchange. This exchange consisted of trading between the Americas, Europe, Africa and Asia.The Americas sent over squash, pumpkins, turkey, peanuts, potatoes, tomatoes, corn, sweet potatoes, peppers, tobacco, pineapple, cacao, beans and vanilla. Europe, Africa and Asia sent over citrus fruits, bananas, grapes, sugar cane, honeybees, onions, olives, turnips, peaches, pears, and coffee beans. They also sent over items other then food such as grains, wheat, rice, barley and oats. They sent many types of live stock and a huge thing they sent over was disease. The Triangle Trade was another trading system between New England the West Indies and West Africa.New England sent West Africa rum, guns/ gunpowder, cloth and tools. West Africa sent sugar and molasses to New England and New England sent back livestock, lumber, flour and fish. As the trading increased during the sixteenth and throughout the eighteenth century, millions of people were taken out of their home and deported to plantations in the New World. Europeans r isked their lives to explore new lands, the expansion abroad come with hopes for land, riches and social advancement.

The Black Man and Langston Hughes - 1601 Words

The term identity is defined by Webster’s dictionary as being â€Å"the state or fact of remaining the same one or ones, as under varying aspects or conditions† however in exploring the concept of Identity in black literature, we can find no definite explanation or definition. We can try to accept that it has been rooted in social situations that are generally more discriminatory, such the institution of slavery. In some way shape or form, the average or normal African American is confronted with the question of where do I fit in amongst the white society? The problem with African American Identity has many dimensions, such as community, class, and color. The reality of the African American is one that is inescapable in America. Color†¦show more content†¦The whites don’t permit the political freedom to the blacks. Blacks are deprived of their basic necessities of life. They don’t have a proper place to live in. Their miserable condition is sho wn in the poem â€Å"Vagabond† Who have nowhere To eat. No place to sleep, The tearless Who cannot Weep. In this the blacks are alien on their own land. The blacks want a chance to eek out a decent living and have equal rights across America. Langston Hughes says â€Å"undemocratic doings take place in the shadow of the world’s greatest democracy† The blacks have no right to participate in the political affairs. Langston Hughes poetry is also preoccupied with the social problems faced by the blacks. Man is called a social animal. Blacks are not given the equal place in the society. The poet shows this inequality in the poem â€Å"Merry Go Round† the social whites have no sympathy even for a young black child. He has to sit in a segregated section. Hughes writes: Colored child at carnival: Where is the Jim Crowe section On this merry-go-round, Mister, cause I want to ride? Down South where I come from White and colored Cant sit side by side. Thus the merry go round is a metaphor for America. It is a kind of Satire on the American Society which we know as a free Society. A clear picture of the exploitation of the blacks is presented that cultural, social, and psychological space has been denied to them. Hughes never forgetting the images he has seen growingShow MoreRelatedAnalysis Of Langston Hughes s The Black Man Essay738 Words   |  3 PagesLangston Hughes’ central purpose in writing was, in his own words, â€Å"to explain and illuminate the Negro condition in America.† Symbolism plays a huge role in this short tale and is used to represent essential ideas. The symbol in this story is Jessie B. Simple. Simple is a black man that doesn’t bite his tongue when it comes to speaking his mind. His thoughts are very similar to how the black society feels towards whites in general. Whether you agree or disagree, many people can relate to Simple’sRead MoreA Brief Look at Langston Hughes1413 Words   |  6 PagesLangston Hughes Langston Hughes’ challenging background, ethnicity, and era of life can all be thought of reasons as to why his style of writing relates among discrimination and unsettling topics. Although his writing can be said to bring hope to the African Americans, his style can be frightening and daunting when taken the time to read his pieces. They may not seem real, but they are his way of interpreting and informing the future of what African Americans, like himself, had to go throughRead MoreLangston Hughes : African American Poetry1305 Words   |  6 PagesLangston Hughes: African American Poetry Langston Hughes grew up in a time of segregation, as a African American man living during the Civil Rights movement. During this time Langston wrote poetry from this point of view as a African American. Langston Hughes poetry is important due to his content, imagery, and voice. Through Langston’s voice he strengthened African Americans hope while opening the eyes of the white man to see what they are doing is wrong. Langston Hughes was born February 1,1902Read MoreLangston Hughes and Jesse B. Simple1109 Words   |  5 PagesLansgton Hughes and Jesse B. Semple In the early 1940s an African American writer by the name of Langston Hughes, who flourished during the Harlem Renaissance in New York, had established a character in his short story writings named Jesse B. Semple. Through these short stories he used this character to represent the black man of his times. However the question remains, is Jesse B. Semple an accurate representation of the black man of 1940s? This question can best be answered by looking at theRead MoreEssay on Langston Hughes and Jesse B. Simple1074 Words   |  5 Pages â€Å"Lansgton Hughes and Jesse B. Semple† In the early 1940s an African American writer by the name of Langston Hughes, who flourished during the Harlem Renaissance in New York, had established a character in his short story writings named Jesse B. Semple. Through these short stories he used this character to represent the black man of his times. However the question remains, is Jesse B. Semple an accurate representation of the black man of 1940s? This question can best be answered by looking at theRead MoreLiterary Analysis Of Langston Hughes s The Road 1402 Words   |  6 PagesRoad by Langston Hughes. Langston Hughes offers a gift in this work which is to open the heart and life will provide unlimited abundance. During this literary analysis Langston Hughes uses nature to demonstrate his main character s unwillingness to participate in life. Another point that Hughes demonstrates is the use of anger and survival and how it can be used as a powerful force in breaking down racial barriers. One more impact Langston Hughes uses is Jesus Christ as a metaphor. Hughes uses thisRead MoreRacism and Langston Hughes658 Words   |  3 PagesLangston Hughes was a great African American poet, social activist, novelist, playwright, and columnist (â€Å"The Biography of Langston Hughes†). As a child, he grew up in the times of racial inequality. As a result, his poems often shared the recurring theme of hope, breaking free from racial inequality, and to strive for a better future. This theme was very evident in the poems â€Å"Dreams† and â€Å"I Dream a World†, by Langston Hughes. This common theme is a result of the era Hughes grew up in. James LangstonRead MoreDreams in Langston Hughes Poems1401 Words   |  6 Pages Langston Hughes’ challenging background, ethnicity, and era of life can all be thought of reasons as to why his style of writing relates among discrimination and unsettling topics. Although his writing can be said to bring hope to the African Americans, his style can be frightening and daunting when taken the time to read his pieces. They may not seem real, but they are his way of interpreting and informing the future of what African Americans, like himself, had to go through and what they hadRead MoreAnalysis of Langston Hughes ´ The Negro Speaks of Rivers927 Words   |  4 PagesLangston Hughes A Poetic of the Harlem Renaissance During the Harlem Renaissance copious African Americans writers arose from this movement including Claude McKay, Zora Neale Hurston, Countee Cullen, and especially Langston Hughes. Langston Hughes has endured hardships from the time his parents separated to being raised in different cities. Hughes has tried multiple times to reconnect with his father, but it never succeeded. Although Langston Hughes has a complicated relationship with his fatherRead MoreAnalysis of on the Road by Langston Hughes Essay1401 Words   |  6 PagesRoad by Langston Hughes. Langston Hughes offers a gift in this work which is to open the heart and life will provide unlimited abundance. During this literary analysis Langston Hughes uses nature to demonstrate his main characters unwillingness to participate in life. Another point that Hughes demonstrates is the use of anger and survival and how it can be used as a powerful force in breaking down racial barriers. One more impact Langston Hughes uses is Jesus Christ as a metaphor. Hughes uses this