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Constitutional Law • Domestic Affairs
CONLAW#035
Legal Definition
The president has absolute immunity in civil suits for money damages for any actions taken while in office, but no immunity for actions that occurred prior to taking office.
Plain English Explanation
The president has immunity from civil lawsuits while in office. This means he cannot be sued for money damages over his official actions as president. For example, if the president makes a controversial policy decision that hurts someone's business, they cannot sue him for lost profits. This immunity ensures the president can fulfill his duties without fear of civil litigation.
However, the president has no immunity for things that happened before he took office. So if he committed wrongdoing as a private citizen, he could still be sued over those actions after becoming president. This prevents using the presidency to shield prior misconduct.
However, the president has no immunity for things that happened before he took office. So if he committed wrongdoing as a private citizen, he could still be sued over those actions after becoming president. This prevents using the presidency to shield prior misconduct.
Hypothetical
Hypo 1: Bob, the President, makes a controversial decision to sign an executive order that negatively impacts Sam's business. Sam tries to sue Bob for money damages, claiming the order was unjust. Result: The court dismisses Sam's lawsuit because Bob has absolute immunity for actions taken while in office.
Hypo 2: Before Bob became President, he was involved in a real estate deal where he fraudulently misrepresented the value of a property to Sam. After Bob takes office, Sam decides to sue Bob for fraud. Result: Sam's lawsuit proceeds because Bob has no immunity for actions that occurred prior to taking office.
Hypo 3: While President, Bob gives a speech that inadvertently causes a drop in stock prices, negatively affecting Sam's investment portfolio. Sam sues Bob for the financial loss. Result: The lawsuit is dismissed because Bob is protected by absolute immunity for official actions taken while in office, even if those actions have unintended negative consequences.
Hypo 4: Bob, after becoming President, privately sells a piece of his personal real estate to Sam without disclosing significant defects. Sam later discovers the issue and decides to sue Bob. Result: The rule does not apply here because the sale of personal real estate is not an action taken in the official capacity of president; however, since the action is unrelated to Bob's duties as President, it falls outside the scope of presidential immunity.
Hypo 2: Before Bob became President, he was involved in a real estate deal where he fraudulently misrepresented the value of a property to Sam. After Bob takes office, Sam decides to sue Bob for fraud. Result: Sam's lawsuit proceeds because Bob has no immunity for actions that occurred prior to taking office.
Hypo 3: While President, Bob gives a speech that inadvertently causes a drop in stock prices, negatively affecting Sam's investment portfolio. Sam sues Bob for the financial loss. Result: The lawsuit is dismissed because Bob is protected by absolute immunity for official actions taken while in office, even if those actions have unintended negative consequences.
Hypo 4: Bob, after becoming President, privately sells a piece of his personal real estate to Sam without disclosing significant defects. Sam later discovers the issue and decides to sue Bob. Result: The rule does not apply here because the sale of personal real estate is not an action taken in the official capacity of president; however, since the action is unrelated to Bob's duties as President, it falls outside the scope of presidential immunity.
Related Concepts
Under Youngstown, when is the President's power as Chief Executive most and least powerful regarding domestic affairs?
What are the limitations of the President's pardon power?
What are the requirements for impeachment and removal?
When may the president invoke executive privilege?
Who has the appointment power, and what positions are appointable?
Who has the removal power and what are its limitations?
