Nixon White House Tapes › Tape 281 › Conversation 281-010

Nixon alone in his EOB office on Speech rehearsal and Public policy

Thursday, October 21, 1971 · 9:51 AM–10:06 AM ET · Old Executive Office Building · 8 min

ParticipantsNixon, Richard M. (President)Conversation281-010 on Tape 281 (tape position 00:50:21–00:58:16)StartThursday, October 21, 1971 at 9:51 AMEndThursday, October 21, 1971 at 10:06 AMRecording deviceOld Executive Office BuildingSourceNixon Library record for 281-010 ↗

AI Summary

President Nixon met to rehearse a public speech, focusing on the role of government, constitutional responsibilities, and public service. During the session, he reflected on the philosophical foundations of governance and the importance of leadership integrity. The session served as a final preparation for a televised address regarding the administration's policy objectives.

Audio

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Position in tape: 00:50:21 – 00:58:16

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Transcript (AI-generated)

This transcript was generated automatically by AI (WhisperX) and has not been reviewed for accuracy. Names and numbers are often wrong; speakers are not identified. Do not cite it as authoritative — verify against the audio and the finding aid.

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Okay?
The Supreme Court is the highest judicial body in this country.
Its members should be the very best lawyers in the nation.
I am not ready for the court.
Thanks, ma'am.
A second major consideration is the judicial philosophy.
of those who are to serve in the court.
I emphasize the word judicial because whether an individual is a Democrat or Republican, a decisive factor in determining whether you should be appointed to the court.
indicate what I mean by judicial philosophy.
There are no two lawyers.
It is the exception rather than the rule when any two lawyers agree on any closed legal question.
Thank you.
I do not want to have a Supreme Court with nine incumbents on a string.
I want each lawyer to be independent in reaching his decisions on the great issues that come before the court.
Thank you, Justice Berger.
The day that he was confirmed, the day that he was confirmed to the Senate, I would keep the respect that I would never talk to him about a case pending before the court.
And all the other judges I have found.
should have no, will have no obligation, whatever, to quote, clear it with the President, close quote.
Traditional and social philosophy, as well as technical legal questions.
It is their responsibility to quote, clear it with the Constitution and their own conscience
When I was in law school, two of my judicial heroes were Chief Justice Hughes and Attorney Justice Brandeis.
Both were great lawyers.
One was a liberal and the other was a conservative.
They often disagreed on the great issues that came before the court.
But I admired and respected them both because they were brilliant and honest men.
And a credit to the court at the time.
As far as the issue of philosophy is concerned, it is my belief that the judge, that is the responsibility of the judge, the duty of the judge to interpret the Constitution and not to place itself above the law or above the Constitution or outside of the Constitution.
He should not twist or bend the Constitution in order to promulgate his personal, political, and social views.
As to adhere to his philosophy
that they do not always agree, and their interpretation is not to do.
This is the two judges whose vacancies I now have the duty to foot.
Mr. Justice Black and Mr. Justice Harlan.
Mr. Justice Black was a liberal.
Mr. Justice Harlan was a conservative.
They disagreed on many occasions.
But as I learned, not only from reading their opinion for many years, but from appearing twice before them and arguing the case before the Supreme Court, both were great judges with a brilliant ability to
to ask questions that went to the heart of the matter before me, and then to make a decision based on their interpretation of the Constitution.
I say up there and up there about the Constitution and conscience of this world,
both Chief Justice Berger and Chief Justice Flanagan, and in the case of the two nominees that I shall be sending to the Senate tomorrow.
I don't have a category, but your obligation is to the Constitution and to the American people, not to the President.
From this moment forward, it is to the Constitution and to the American people, and not to the President, the opponent.
Ziegler doesn't need to call me.

NARA Description

On October 21, 1971, President Richard M. Nixon met in the President's office in the Old Executive Office Building at an unknown time between 9:51 am and 10:06 am. The Old Executive Office Building taping system captured this recording, which is known as Conversation 281-010 of the White House Tapes.

Nixon Library Finding Aid

Conversation No. 281-10

Date: October 21, 1971
Time: Unknown between 9:51 am and 10:06 am
Location: Executive Office Building

The President rehearsed a speech.

[A transcript of the final broadcast of this speech appears in Public Papers of the Presidents,
Richard M. Nixon, 1971, pp. 1053-1057]

Also recorded on October 21, 1971

  • 281-008 9:39 AM · 5 min — President Richard M. Nixon met in the President's office in the Old Executive Office Building at an unknown time between 9:39 am and 9:45 am.
  • 012-029 9:45 AM · 4 sec — President Richard M. Nixon and the White House operator talked on the telephone at 9:45 am.
  • 012-030 9:45 AM · 6 min — President Richard M. Nixon and John N. Mitchell talked on the telephone from 9:45 am to 9:51 am.
  • 281-009 9:45 AM · 6 min — President Richard M. Nixon and John N. Mitchell met in the President's office in the Old Executive Office Building from 9:45 am to 9:51 am.
  • 012-031 9:51 AM · 8 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 9:51 am and 10:51 am.
  • 012-032 9:51 AM · 20 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 9:51 am and 10:51 am.
  • 281-011 9:51 AM · 35 sec — President Richard M. Nixon and H. R. ("Bob") Haldeman met in the President's office in the Old Executive Office Building at an unknown time between 9:51 am and 10:06 am.
  • 281-012 9:51 AM · 2 min — President Richard M. Nixon met in the President's office in the Old Executive Office Building at an unknown time between 9:51 am and 10:06 am.

All 107 conversations from October 21, 1971 →

Cite this conversation

Conversation 281-010, October 21, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/281-010 (accessed October 12, 2026).