Nixon v. Fitzgerald

t Powell1982. The President has absolute immunity from civil liability for his official acts. SC held by 5-4 vote that Nixon was immune from action for damages from P claiming he was discharged from government position because he exercised his right to freedom of speech.

n SC reasoned that prominence of president’s office makes president easy target for suits for civil damages; vulnerability to such suits would distract president from his public duties to detriment not only of presidency as office, but also the nation.

n In response to suggestion that absolute immunity would leave nation unprotected against presidential misconduct, SC argued that numerous safeguards are already in place: impeachment, scrutiny by press, Congressional oversight, desire to win re-election, need to maintain prestige as element of influence, president’s concern for historical stature.

n SC left open question whether Congress might constitutionally subject president to liability for damages.

n WhiteDissent:

(1) Speech and Debate Clause (which provides protection for members of Congress) has no counterpart in USC giving any sort of immunity to members of Executive Branch. Thus, any presidential immunity is derived from constitutional separation of powersand public policy.

(2) Courts had previously held that president was not immune from suits for injunctive relief or other sorts of judicial process.

(3) President should have same remedial obligations toward those whom he inures as any other federal officer. Result of this rule should be to deter unconstitutional, or otherwise illegal, behavior.

Harlow v. Fitzgerald

t 1982. Nixon v. Fitzgerald ruling above should not be extended to presidential aides.

Date: 2015-01-02; view: 843