Twenty-second Amendment to the United States Constitution
Since coming into force in 1951, the amendment has applied to six presidents who have been elected twice: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama. It has also applied to two who entered office intra-term due to their predecessor's death or resignation: Lyndon B. Johnson and Gerald Ford. Johnson became president in November 1963, following the assassination of John F. Kennedy, served out the final of Kennedy's term, and was elected to a full four-year term in 1964. Four years later, he briefly ran for a second full term, but withdrew from the race during the party primaries. Had Johnson served a second full term – through January 20, 1973 – the total length of his presidency would have been ; as it happened, Johnson died two days after this date. Gerald Ford, who became president in August 1974 following the resignation of Richard Nixon, served the final of Nixon's term, and attempted to win a full four-year term in 1976, but was defeated by Jimmy Carter. Johnson was eligible to be elected to two full terms in his own right, as he had served less than two years of Kennedy's unexpired term, whereas Ford was eligible to be elected to only one full term, as he had served more than two years of Nixon's unexpired term.
President of the United States
The president also has the power to nominate federal judges, including members of the United States courts of appeals and the Supreme Court of the United States. However, these nominations require Senate confirmation. Securing Senate approval can provide a major obstacle for presidents who wish to orient the federal judiciary toward a particular ideological stance. When nominating judges to U.S. district courts, presidents often respect the long-standing tradition of senatorial courtesy. Presidents may also grant pardons and reprieves. Gerald Ford pardoned Richard Nixon a month after taking office. Bill Clinton pardoned Patty Hearst on his last day in office, as is often done just before the end of a second presidential term, but not without controversy.
Historically, two doctrines concerning executive power have developed that enable the president to exercise executive power with a degree of autonomy. The first is executive privilege, which allows the president to withhold from disclosure any communications made directly to the president in the performance of executive duties. George Washington first claimed the privilege when Congress requested to see Chief Justice John Jay's notes from an unpopular treaty negotiation with Great Britain. While not enshrined in the Constitution, or any other law, Washington's action created the precedent for the privilege. When Nixon tried to use executive privilege as a reason for not turning over subpoenaed evidence to Congress during the Watergate scandal, the Supreme Court ruled in "United States v. Nixon", , that executive privilege did not apply in cases where a president was attempting to avoid criminal prosecution. When President Clinton attempted to use executive privilege regarding the Lewinsky scandal, the Supreme Court ruled in "Clinton v. Jones", , that the privilege also could not be used in civil suits. These cases established the legal precedent that executive privilege is valid, although the exact extent of the privilege has yet to be clearly defined. Additionally, federal courts have allowed this privilege to radiate outward and protect other executive branch employees, but have weakened that protection for those executive branch communications that do not involve the president.
The state secrets privilege allows the president and the executive branch to withhold information or documents from discovery in legal proceedings if such release would harm national security. Precedent for the privilege arose early in the 19th century when Thomas Jefferson refused to release military documents in the treason trial of Aaron Burr and again in "Totten v. United States" , when the Supreme Court dismissed a case brought by a former Union spy. However, the privilege was not formally recognized by the U.S. Supreme Court until "United States v. Reynolds" , where it was held to be a common law evidentiary privilege. Before the September 11 attacks, use of the privilege had been rare, but increasing in frequency. Since 2001, the government has asserted the privilege in more cases and at earlier stages of the litigation, thus in some instances causing dismissal of the suits before reaching the merits of the claims, as in the Ninth Circuit's ruling in "Mohamed v. Jeppesen Dataplan, Inc." Critics of the privilege claim its use has become a tool for the government to cover up illegal or embarrassing government actions.