In which case did the Supreme Court hold that executive privilege is not absolute?

• A. United States v. Nixon
• B. U.S. v. Lopez
• C. Marbury v. Madison
• D. McCulloch v. Maryland

Answer: (A)

Executive privilege lets the President keep certain communications confidential, but it is not unlimited. In United States v. Nixon, the Supreme Court said this privilege has limits and can be overridden when the information is essential to the administration of justice in a criminal investigation. The Court held that while there is a presidential communications privilege, it yields to the needs of the judicial process, and the President must turn over the relevant tapes and documents under a subpoena. This established that executive privilege is not absolute and is subject to judicial review.

The other cases don’t address this issue. United States v. Lopez deals with the reach of Congress’s Commerce Clause power, Marbury v. Madison establishes judicial review, and McCulloch v. Maryland concerns federal supremacy and implied powers. None of these establish the scope of executive privilege.