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Nixon v. General Services Administration
''Nixon v. General Services Administration'', 433 U.S 425 (1977), is a landmark court case concerning the principle of presidential privilege and whether the public is allowed to view a President’s “confidential documents”. The Presidential Recordings and Materials Preservation Act, signed into law by President Gerald Ford in 1974, ordered that the Administrator of General Services obtain President Richard Nixon’s presidential papers and tape recordings. In addition, the Act further ordered that government archivists seize these materials. These archivists would preserve the material deemed historic and return to former President Nixon the materials deemed as private. Furthermore, this Act stated that material that was preserved could be used in judicial hearings and proceedings. Immediately after this Act was enacted, Richard Nixon filed a lawsuit in a federal district court claiming that the Act violated the principle of separation of powers, the principle of presidential privilege, Nixon’s personal privacy, his First Amendment right of association, and further asserted that it amounted to a constitutionally prohibited Bill of Attainder.〔(【引用サイトリンク】url=http://lawprofessors.typepad.com/conlaw/executive_privilege/ )〕
==Background==
Historically, all presidential papers were considered the personal property of the president. Some took them at the end of their terms while others destroyed them. Franklin D. Roosevelt was the first to make them available to the public when he donated them to the National Archives in 1939, as the Franklin D. Roosevelt Presidential Library and Museum, but did so voluntarily.
This case was argued a few years after the Watergate scandal had broken out and President Nixon was compelled to resign in the face of impeachment proceedings. President Nixon objected to the seizure of documents from the Nixon Administration, as he did not want to further tarnish the public’s already negative perception of him as a corrupt and scheming politician. Given that he was not liable to criminal prosecution, as he had been pardoned, Nixon’s concern for his reputation appears to be the primary reason that he did not want his private documents to be inspected by historical archivists and made available to the public. The forty two million pages of documents and eight hundred and eighty tape recordings produced during his presidency would reveal critical information about Nixon’s involvement in the Watergate scandal, his real opinions on a wide range of issues, and further perpetuate his image as a paranoid and secretive President. These are some of the underlying personal motives as to why Richard Nixon chose to file a lawsuit against the Administrator of General Services the day after President Ford signed the Presidential Recordings and Materials Preservation Act into law.
President Nixon also felt that this Act broke the confidentiality promise that the Administrator of General Services gave to Nixon after he resigned from the presidency. This confidentiality agreement stated that both Richard Nixon and the General Service Administration could not access the former President’s tapes and documents located near his California home without each party’s respective consent. The agreement specifically provided that Richard Nixon could not withdraw any copies over a three-year period unless he made or withdrew new copies of tapes and documents, that he could only withdraw any of the original tapes after five years, and that all of the tapes would be destroyed ten years after Nixon’s death. Congress was upset as to how President Nixon’s official business records were to be kept concealed from public review, and wanted to make President publicly accountable for his actions. Therefore, shortly after this confidentiality agreement was announced, Congress decided to introduce a bill that would provide for greater public access to Richard Nixon’s records.〔(【引用サイトリンク】url=http://www.lawnix.com/cases/nixon-gsa.html )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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