Wednesday, April 22, 2020 -

Clinton

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Background


The Constitution sets the separation of powers between the three branches of government so no one branch has more power than the others. It also sets the standard for each of these branches to have checks and balances where as, each branch of government has the ability to counteract another branch of government and vice versa, so that no can take control of all the power.


The issue of presidential immunity is addressed in the case of Clinton v. Jones which deals with whether or not the President is immune to civil suits and damages during their term in office. The President would e immune to such actions so that his constitutional duties are protected in order to fulfill them. This was seen also in Nixon v. Fitzgerald (18) where the court ruled that the constitution absolute immunity from private suits for all actions that fall "within the outer perimeter of his authority". When this issue arose in Clinton v. Jones the court agreed that the President enjoys absolute immunity from civil suits for damages arising out of his official acts. It did though refuse immunity to suits arising due to personal conduct, because these suits would not deter the President from his constitutional duties. It was also determined that President Clinton could not hold off the suit till after his term in office. It was argued by the President that defending the suit would take time and energy away from the effectiveness of the performance in office. The narrow focus of the suit would occupy very little of the Presidents time and that prior Presidents had provided testimonies and evidence without deterring them from their responsibilities.


Facts


While President was Governor of Arkansas he allegedly made sexual advances towards Paula Corbin Jones. Her refusal to those alleged sexual advances supposedly led to punishment by her supervisors in the state job she held at the time. Ms. Jones than filed a suit against the President under 4 U.S.C. sections 18 and 185 under Arkansas law to recover damages from the President. President Clinton filed a motion to dismiss the suit under the presidential immunity grounds. President Clinton also requested that all other pleading and motions be differed till the immunity issue was solved. Federal District court granted that request but ultimately refused to dismiss the suit on immunity grounds and ruled and ruled that exchange of information before the trial could continue, but any trial was held until after the presidency. The Eighth Circuit affirmed the dismissal denial, and granted temporary immunity to which the petitioner was not constitutionally entitled.


Questions of Law


Whether the constitution protects a sitting president from a lawsuit that seeks damages from an unofficial act that occurred before becoming president? Also, whether or not it was necessary for this case to be tried by a district court?


Decision


A -0 decision was made that the district courts had the right to decide the case. Also, The Constitution did not require that federal courts defer civil suits against the President until the Presidents term ended when such suit was based on actions allegedly taken before the Presidents term began.


Reason


Justice Stevens gave the opinion of the court and stated that unofficial conduct is no grounds for immunity. The separation of powers doctrine does not require federal courts to postpone all actions against the president until he leaves office. The separation of powers document only deals with the power being divided equally between the three branches of government.


Justice Breyer gave the concurring opinion of the court that stated that the constitution does not grant the president from civil lawsuits that are based upon the president's personal conduct. The president can not also claim that civil lawsuits interfere with his constitutional duties of the executive branch.


Analysis


I believe that the lower courts should have taken this case and not have postponed it on the basis that it would interfere with the Presidents constitutional duties. Also, that the constitution does not automatically grant the President immunity from civil suits based upon his personal conduct.


The president's strongest argument was that his immunity was based on powers granted by the constitution. He did not mention that his office was above the law but rather that the judicial hearing should be postponed until after his term in office which would allow him to put more time into the judicial proceedings. Article II of the constitution deals with the separation of powers principles which have structured the government since the founding of the constitution. That Article II places limits on the authority of the Federal Judiciary to interfere with the executive branch to allow this action to proceed.


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