Authors: Stanley I. Kutler

The Wars of Watergate (139 page)

BOOK: The Wars of Watergate

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34.
Harold M. Hyman, “Quiet Past and Stormy Present? War Powers in American History” (American Historical Association, 1986), 52–61; Philip J. Briggs, “Nixon versus the Congress: The War Powers Resolution, 1973,” Hofstra Conference on the Nixon Presidency, November 20, 1987; Fisher,
Constitutional Conflicts
, 309–10.

35.
Department of State Bulletin (1975), 72:562, quoted in Fisher,
Constitutional Conflicts
, 323–24.

36.
NYT
, April 19, 1988. Harold H. Koh, “Comment: The War Powers Resolution,” Hofstra Conference on the Nixon Presidency, November 20, 1987, offered an insightful critique of the limitations of the War Powers Act;
NYT
, May 20, 1988;
Madison (Wisconsin) Capital Times
, May 20, 1988. Francis D. Wormuth and Edwin B. Firmage,
To Chain the Dogs of War: The War Power of Congress in History and Law
(Dallas, 1986).

37.
Kissinger,
Years of Upheaval
, 245–46, 979, 981–84.

38.
Raymond L. Garthoff,
Detente and Confrontation: American-Soviet Relations from Nixon to Reagan
(Washington, 1985), 25–29; Robert D. Schulzinger, “The Rise and Stall of Detente, 1969–1974,” Hofstra Conference on the Nixon Presidency, November 20, 1987.
Also see Harvey Starr,
Henry Kissinger: Perceptions of International Politics
(Lexington, KY, 1984); Robert S. Litwak,
Detente and the Nixon Doctrine: American Foreign Policy and the Pursuit of Stability, 1969–1976
(New York, 1984); Richard W. Stevenson,
The Rise and Fall of Detente
(Urbana, IL, 1980).

39.
Garthoff,
Detente and Confrontation
, 356–59, 385–86, 405–08; Richard Pipes,
U.S.-Soviet Relations in the Era of Detente
(Boulder, CO, 1981), xiii,
et passim.
Pipes traces Jackson’s “almost solitary campaign” against Nixon’s Soviet policy to late 1970 (xv). See Chapter XV,
supra.

40.
Garthoff,
Detente and Confrontation
, 409–13; William C. Berman,
William Fulbright and the Vietnam War: The Dissent of a Political Realist
(Kent, OH, 1988), 175–88.

41.
Kissinger,
Years of Upheaval
, 253–54, 983–85, 991, 1030; Ehrlichman Notes, March 6, April 18, 20, 1973, Ehrlichman Papers, NP, NA.

42.
Garthoff,
Detente and Confrontation
, 425–31; Schulzinger, “Rise and Stall of Detente”; Nixon,
Memoirs
, 2:610, 612–13.

43.
Garthoff,
Detente and Confrontation
, 434–35; Strobe Talbott,
The Master of the Game: Paul Nitze and the Nuclear Peace
(New York, 1988), 136–38; Nixon,
Memoirs
, 2:610, 621; Nixon and Kissinger, “To Withdraw Missiles We Must Add Conditions,”
Los Angeles Times
, April 26, 1987. In a 1986 speech, Nixon said: “The policy of detente cannot be resurrected”: “The Pillars of Peace,” Address, March 6, 1986, copy courtesy of Richard M. Nixon.

44.
Woodrow Wilson,
Constitutional Government in the United States
(New York, 1908), 78; Godfrey Hodgson,
All Things to All Men: The False Promise of the Modern American Presidency
(New York, 1980), 71, 76.

45.
Fisher,
Constitutional Conflicts
, 21; Philippa Strum, “A Symbolic Attack upon the Presidency,” in Thomas Cronin and Rexford G. Tugwell,
The Presidency Reappraised
(New York, 1974), 249–63, has many useful insights in qualifying the criticism of the “Imperial Presidency.”

46.
“Nineteen eighty-eight, in Washington, at least, was the year of the pig. Not since the Watergate scandal and its aftermath has concern with the ethics of public officials reached such a feverish pitch,” Terrence Moran, “The New Breed of Ethics Scandal,”
Legal Times
, December 19, 1988;
WP
, January 30, 1988;
Newsweek
, December 22, 1986, 17; TT, the President and Petersen, April 15, 1973,
U.S. v. M
, NA.

47.
Report of the Congressional Committees Investigating the Iran-Contra Affair
, H. Rep. No. 100–33, S. Rep. No. 100–216 (November 1987), 100 Cong., 1 Sess.; Elizabeth Drew, “Letter from Washington,”
The New Yorker
, August 31, 1987, 89; Theodore Draper’s articles on the Iran-Contra affair in
The New York Review of Books
, October 8, 22, December 17, 1987, are especially insightful. The literature is growing on the Iran–Contra controversy.
Harper’s
, February and April 1988, offered some interesting critiques and debates on the congressional report. A thoughtful analysis is Harold Hongju Koh, “Why the President (Almost) Always Wins in Foreign Affairs: Lessons of the Iran–Contra Affair,”
Yale Law Journal
, June 1988, 97:1255–1341.

48.
PPPUS:JC, 1978
(December 12, 1978), 2224; Peter Irons,
Justice at War
(New York, 1983), 351.

49.
Louis Fisher,
Constitutional Conflicts Between Congress and the President
(Princeton, 1985), 333.

XXIII: RICHARD NIXON, WATERGATE, AND HISTORY

1.
Patman to Rodino, August 9, 1974, HBC Papers; Lewis Interview, July 14, 1986. Representative Hamilton Fish deplored Rodino’s action, noting that House members were anxious to learn more about the evidence. Fish Interview, June 25, 1975. DeWitt Ray to Jaworski, August 19, 1974, Jaworski Papers.

2.
Taped conversation, Nixon and Korff, May 13, 1974,
WP
, September 3, 1986; Hung Nguyen Tien and Jerrold L. Schecter,
The Palace File
(New York, 1986), 31–32;
Weekly Compilation of Presidential Documents
, “News Conference of October 26, 1973,” 9:1291; Nixon to Colson, NPF, June 3, 1974, NP; Eisenhower quote in Fawn M. Brodie,
Richard Nixon: The Shaping of His Character
(New York, 1981), 18–19;
Meet the Press
, NBC, April 10, 1988;
Newsweek
, May 16, 1977. A day after the David Frost interview, Ronald Reagan endorsed the Nixon Doctrine: “When the Commander in Chief of a nation finds it necessary to order employees of the government or agencies of the government to do things that would technically break the law, he has to be able to declare it legal in order for them to do that.” Irving Louis Horowitz, “When the President Does It: What the Tapes Really Reveal,”
The Nation
, June 18, 1977, 224:753.

3.
Newsday
, November 20, 1987 (account of Haldeman’s comments during conference on the Nixon Presidency, Hofstra University); Samuel Kernell and Samuel Popkin,
Chief of Staff: Twenty-five Years of Managing the Presidency
(Berkeley, CA, 1986), 65–67;
60 Minutes
, April 6, 1984;
NYT
, April 6, 1984;
People
, August 29, 1988; Helms Interview, July 14, 1988; Ruckelshaus Interview, August 21, 1986;
Newsweek
, May 16, 1977.

4.
Nicholas von Hoffman, “How Nixon Got Strung Up,”
The New Republic
, June 23, 1982, 24–27; James A. Nuechterlein, “Watergate: Toward a Revisionist View,”
Commentary
, August 1979, 38–45; compare, however, Paul Johnson,
Modern Times
(New York, 1983), 649–53, and “In Praise of Richard Nixon,”
Commentary
, October 1988, 50–53, for the view that Watergate was of no consequence and that Nixon’s enemies were the real enemies of freedom and constitutionalism. Both Bob Woodward and Lewis Lapham ably dissected the Nixon-imposed revisionism, as well as those of Johnson and others:
WP
, October 2, 1988;
Toronto Globe and Mail
, July 11, 1988.

5.
WP
, May 10, 1984;
Newsweek
, May 5, 1986;
ibid.
, May 19, 1986; David Broder in
WP
, April 5, 1989, citing Marie Shear, “Nixon Rises Again (and it’s YOUR fault, you fools!)”,
Washington Journalism Review
, April 1989, 44–45;
U.S. News & World Report
, August 13, 1984; see David Frost,
The Presidential Debate
(New York, 1968), 22;
Meet the Press
, NBC, April 10, 1988. Nixon announced in 1985 that he would surrender Secret Service protection. The wire-service story read: “The 72-year-old Nixon, who resigned in 1974 because of the Watergate scandal …”
Miami Herald
, March 13, 1985.

6.
Victor Lasky,
It Didn’t Start with Watergate
(New York, 1977); David Frost,
“I Gave Them a Sword”: Behind the Scenes of the Nixon Interviews
(New York, 1978), 270; Richard Nixon,
RN: The Memoirs of Richard Nixon
(paperback ed., New York, 1979), 2:387; Sam Ervin,
The Whole Truth: The Watergate Conspiracy
(New York, 1980), 30. In 1969, the Supreme Court noted that because “an unconstitutional action has been taken before surely does not render that same action any less unconstitutional at a later date.”
Powell v. McCormack
, 395 U.S. 486, 546–47 (1969).

7.
Alexander M. Bickel, “Watergate and the Legal Order,”
Commentary
, January 1974, 21; E. P. Thompson,
Whigs and Hunters: The Origin of the Black Act
(New York, 1975), 263.

8.
NYT
, August 9, 1986;
ibid.
, November 26, 1968; Frost, “
I Gave Them a Sword
”, 646.

9.
Richard Whalen,
Catch the Falling Flag: A Republican’s Challenge to His Party
(Boston,
1972), 267; David Abrahamsen,
Nixon vs. Nixon: A Psychological Inquest
(New York, 1976), 194; Conable Interview, May 28, 1985;
Newsweek
, October 10, 1987, 36. Sissela Bok,
Lying: Moral Choice in Public and Private Life
(New York, 1978), 173–75.

10.
PPPUS:RN
, 1973, August 15, 1973, 692;
Impeachment of Richard M. Nixon, President of the United States.
Report, Committee on the Judiciary, H.R., 93 Cong., 2 Sess., 361;
National Review
, August 30, 1974, 996; Barry M. Goldwater,
Goldwater
(New York, 1988), 255, 282–83.

11.
Frost, “
I Gave Them a Sword
,” 268–269. There is no greater political “heresy than that the office sanctifies the holder of it.” Lord Acton,
Essays in the Study and Writing of History
(Liberty Classics ed., Indianapolis, 1985), 2:383.

12.
Politics
(December 1946), 3:402.

13.
George Reedy,
Twilight of the Presidency
(New York, 1970), 60; Richard Nixon,
Leaders
(New York, 1982), 334. James Madison thought that impeachment was necessary to protect people against the “perfidy” of presidents.

A N
OTE
A
BOUT THE
A
UTHOR

Stanley I. Kutler is the E. Gordon Fox Professor of American Institutions at the University of Wisconsin, where he has been teaching since 1964. He is also the founder and editor of the journal
Reviews in American History.
His previously published books include
The American Inquisition
(1982),
Privilege & Creative Destruction: The Charles River Bridge Case
(1971),
Judicial Power & Reconstruction Politics
(1968),
The Supreme Court and the Constitution
(3rd ed., 1984), and
Looking for America
(2nd ed., 1982). He regularly contributes to the
Washington Post
, the
Wall Street Journal
, the
Los Angeles Times
, and the
Christian Science Monitor.
For his book,
The American Inquisition
, he won the Silver Gavel Award of the American Bar Association. He is a Guggenheim Fellow, and he has lectured widely abroad.