Question 3

The President had to comply with a judicial subpoena because executive privilege is not absolute.

In the landmark case of United States v. Nixon, the Supreme Court ruled that the President must comply with a judicial subpoena, establishing that executive privilege does not grant absolute power to withhold information from the courts.

A) Congress, not the U.S. Supreme Court, is the only branch that can check the power of the executive branch.

This option is incorrect because, while Congress does have significant powers to check the executive branch, the Supreme Court also plays a crucial role in interpreting the law and ensuring that no branch exceeds its constitutional authority, as demonstrated in this case.

B) The President had to comply with a judicial subpoena because executive privilege is not absolute.

This statement accurately reflects the Supreme Court's decision in United States v. Nixon. The Court held that the assertion of executive privilege by the President must be balanced against the need for judicial process, affirming that such privilege does not allow the President to withhold evidence relevant to a criminal investigation.

C) The President did not have to turn over White House tapes because of his executive privilege.

This option is incorrect as it misrepresents the Court's decision. The ruling specifically mandated that the President must turn over the tapes, thereby rejecting the notion that executive privilege was absolute in this context.

D) Congress, not the U.S. Supreme Court, has the final say on interpreting executive privilege.

This statement is incorrect because it overlooks the role of the Supreme Court in interpreting constitutional issues, including executive privilege. The Court's ruling in this case established that it has the authority to review and rule on the limits of executive privilege.

Conclusion

The correct answer, that the President had to comply with a judicial subpoena because executive privilege is not absolute, underscores the balance of power among the branches of government. The other options fail to accurately reflect the Supreme Court's ruling, which clarified the limitations of executive privilege and reinforced the judiciary's role in upholding the law.