Educating Young People about the Constitution

Presidents and the Constitution, Vol. 2 Presidents and the Transfer of Power: The Resignation of Richard Nixon

www.BillofRightsInstitute.org

Presidents and the Constitution Resources

The Founders knew that the most challenging time in any government is when power is transferred from one person/group to the next. Will the people that have power try to hold on to it by corruption or military force; or will they give power peacefully to the successors? Our Constitution and subsequent Amendments have procedures and rules in place to make the transition of power as orderly and peaceful as possible. The question for you is, do you think its effective and why? Directions: Read Robert M.S. McDonalds essay Transfer of Presidential Power Underline or highlight the facts you think are important.

Impeachment and the Constitution

Constitutional Connection Activity

The Resignation of Nixon

Critical Engagement Question Did President Gerald Ford best preserve, protect, and defend the Constitution by pardoning Richard Nixon?

President Ford at a House Judiciary meeting explaining his controversial pardon of Nixon

The Resignation of Nixon

Objectives Understand the sequence of events by which Gerald Ford became President. Assess the legitimacy of Gerald Fords presidency.
Evaluate the legitimacy and wisdom of President Fords pardon of Richard Nixon.

Richard Nixon Gerald Ford Richard Nixon was President from 1969-1974. After the Watergate Scandal, he resigned. His VicePresident, Gerald Ford, took over. Gerald Ford was Nixons second V.P. His first, Spiro Agnew, was forced to resign after a scandal about receiving kickbacks.
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The Resignation of Nixon

Background/Homework Read Handout A: The Resignation of Richard Nixon and answer the questions. 1) By what process did Gerald Ford become President? 2) Less than two years after winning re-election by a landslide, Richard Nixon was being replaced in office by a man who was, in effect, appointed by Congress. Was Gerald Fords presidency legitimate? Why or why not?
Audio of Article II

Article II, Section 1 of the U.S. Constitution establishes Vice-Presidential succession. Coupled with the 25th Amendment, the VicePresident shall effectively become the new President if the current one is incapacitated or unable to perform his/her duties.
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The Resignation of Nixon

Background/Homework continued 3) After Richard Nixon resigned and Gerald Ford was inaugurated as President, Ford said our long national nightmare is over. Why do you think it was so painful for the American people to endure the investigations about Watergate?

Nixons Presidential resignation letter, witnessed by his Secretary of State, Henry Kissinger.

The Resignation of Nixon

Background/Homework: Continued 4) Gerald Fords pardon of Richard Nixon was highly unpopular. Should Ford have obeyed the will of the people and allowed investigations and possible prosecutions of Nixon to continue? 5) Why do some decisions that are unpopular at one point in time look better at a later date? What does this say about how citizens should judge their public officials?

Nixons resignation speech. Audio of Nixons resignation speech is to the right. (15 minutes longcourtesy of WGFinley)

The Resignation of Nixon

Warm-Up President Ford said: I learned that public policy often took precedence over a rule of law. Although I respected the tenet that no man should be above the law, public policy demanded that I put Nixon and Watergate behind us as quickly as possible. Define what President Ford meant by the terms public policy and rule of law. Create at least one public policy reason for and against a pardon and one rule of law reason for and against a pardon. Share your reasons and discuss them.

Students doing group work

The Resignation of Nixon

Activity Read Handout B: Memo to President Ford. Review the reasons for and against issuing a pardon to former President Nixon, and write a memo justifying your decision.

1974-President Ford meeting with then Chief of Staff Donald Rumsfeld (Secretary of Defense under Bush in 2001-2006) and Deputy Chief of Staff Dick Cheney (Vice-President under Bush in 20012009)

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The Resignation of Nixon

Most people dont realize that Nixons public fall from grace occurred a year after he won re-election by a landslide. What other public figures have gone from being admired to disgraced?

Wrap-Up Discuss the following: Absent a pardon, how would the prosecution of the disgraced Nixon have affected the transfer of power? Would Ford have been able to govern effectively? Given the circumstances of the transfer of power from Nixon to Ford, Ford had the power to pardon Richard Nixon. But was he was wise to pardon Nixon?
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The Resignation of Nixon

Homework Google Memorandum presented to Watergate Special Prosecutor Leon Jaworski and read it. Discuss the reasons for or against a pardon that you found most persuasive and why. Create a Venn Diagram organizing the reasons given by Jaworski; the reasons you came up with; and the reasons you both had in common.
Jarworski
For For

Both

Students
For

Against

Against

Against

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The Resignation of Nixon

Extensions Research the Supreme Court case Burdick v. United States (1915), which dealt with pardons, and explain in a one-page essay its significance in Gerald Fords decision to pardon Richard Nixon.

President Nixon departing the White House for the last time. His two-finger wave was a joke meaning liar for years after Watergate.

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