The duty thus imposed on the President is in no just sense ministerial. "Very different is the duty of the President in the exercise of the power to see that the laws are faithfully executed, and among these laws the acts named in the bill. First noting the limited meaning of the term ministerial, the Court observed: 3 The Court refused to permit the filing, using language construable as meaning that the President was not reachable by judicial process but which more fully paraded the horrible consequences were the Court to act. 2 An application for an injunction to forbid President Johnson to enforce the Reconstruction Acts, on the ground of their unconstitutionality, was answered by Attorney General Stanberg, who argued, inter alia, the absolute immunity of the President from judicial process. Johnson, 1 in 1867, the Supreme Court placed the President beyond the reach of judicial direction, either affirmative or restraining, in the exercise of his powers, whether constitutional or statutory, political or otherwise, save perhaps for what must be a small class of powers that are purely ministerial. United States Library of Congress, The Constitution of the United States of America: Analysis and Interpretation Immunity does not extend to unofficial conduct, criminal conduct, and conduct occurring prior to entering office.ĭevelopment of the Presidential Immunity Doctrine Presidential immunity covers actions relating to the official duties of the President, including those in the "outer perimeter" of those duties. However, as with a sitting president, a former president will not be immune from actions arising from unofficial conduct while in office, conduct occurring prior to entering office and conduct occurring after leaving office. The courts have not yet ruled whether immunity extends to ex-presidents for actions taken in the "outer perimeter" of their official conduct while in office. Are ex-presidents immune from liability?.However, the President is not immune from actions arising from unofficial conduct. This includes all acts in the "outer perimeter" of those duties.
The President is immune from civil liability absolutely for suits arising from actions relating to official duties. Is the President Immune from civil liability?.
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