Morrison v. Olson

The independent counsel statute had been a volatile issue in government ever since its passage in the wake of the Watergate scandal. In that instance, prominent officials in the administration of President Richard M. Nixon were charged with wrongdoing connected with a break-in at Democratic party offices prior to the 1972 presidential election. Title VI of the Ethics in Government Act, providing for a special counsel to be appointed by the attorney general of the United States in order to investigate such matters that arose in the future, was adopted in 1978. In the eyes of many, its passage violated the principle of separation of powers embodied in the Constitution by creating a judicial office with wide authority in the sector of government normally reserved for the executive branch. Morrison v. Olson tested this contention.