St. John's Law Review Volume 48 Number 3 Volume 48, March 1974, Number 3 Article 5 Nixon v. Cox: Due Process of Executive Authority Luis Kutner Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact
[email protected]. NIXON V. COX: DUE PROCESS OF EXECUTIVE AUTHORITY Luis KUTNER* The President's power of removal was called sharply into question by PresidentNixon's dismissal of Watergate Special Prose- cutor Archibald Cox. Mr. Kutner examines the legal issues involved and concludes that the Cox discharge was legally justifiable, and that the imposition of any restraints on the power to appoint and remove Executive officers would be unwise. I think it absolutely necessary that the President should have the power of removing from office. i -James Madison' I. INTRODUCTION This paper will examine the constitutional questions with regard to the removal power of the Chief Executive, more specifically, those relating to the recent dismissal of Archibald Cox as Special Prosecutor in the Watergate inquiry. Unfortunately, it seems that the efforts of President Nixon in proposing his "Stennis compromise," in the hope of averting a pending constitutional confrontation over the matter of his subpoenaed tapes, led to developments that created a new constitu- tional crisis instead of swiftly resolving the tapes dispute.