Nixon v. Fitzgerald
Encyclopedia
Nixon v. Fitzgerald, 457 U.S. 731
(1982), was a Supreme Court of the United States
court case that dealt with immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law.
filed a law suit against government officials claiming that he lost his position as a contractor with the United States Air Force
because of testimony made before Congress
in the 1970s. Among the people listed in the law suit was former President Richard Nixon
. Nixon argued that a President
cannot be sued for actions taken while in office. The trial
and appellate court
rejected the President's claim of immunity and the case went to the Supreme Court.
for civil damages based on his official acts. The Court emphasized that the President is not immune from criminal charges stemming from his official (or unofficial) acts while in office.
The Court noted that a grant of absolute immunity to the President would not leave the President with unfettered power. The Court stated that there were formal and informal checks on presidential action that did not apply with equal force to other executive officials. The Court observed that the President was subjected to constant scrutiny by the press. It noted that vigilant oversight by Congress would also serve to deter presidential abuses of office, as well as to make credible the threat of impeachment. The court determined that other incentives to avoid misconduct existed, including a desire to earn reelection, the need to maintain prestige as an element of presidential influence, and a President's traditional concern for his historical stature.
This decision was clarified by Clinton v. Jones
, in which the Court held that a President is subject to civil suits for actions committed before assuming the presidency.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1982), was a Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
court case that dealt with immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law.
Background
A. Ernest FitzgeraldA. Ernest Fitzgerald
A. Ernest Fitzgerald was a U.S. government employee from 1965 to 2006.-Biography:Ernie Fitzgerald was a member of the Senior Executive Service, a management systems deputy, Office of the Assistant Secretary of the Air Force for Financial Management and Comptroller, Headquarters U.S. Air Force,...
filed a law suit against government officials claiming that he lost his position as a contractor with the United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
because of testimony made before Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in the 1970s. Among the people listed in the law suit was former President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
. Nixon argued that a President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
cannot be sued for actions taken while in office. The trial
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
and appellate court
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
rejected the President's claim of immunity and the case went to the Supreme Court.
Opinion
In a 5-4 decision, the Supreme Court ruled that the President is entitled to absolute immunity from liabilityLegal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
for civil damages based on his official acts. The Court emphasized that the President is not immune from criminal charges stemming from his official (or unofficial) acts while in office.
The Court noted that a grant of absolute immunity to the President would not leave the President with unfettered power. The Court stated that there were formal and informal checks on presidential action that did not apply with equal force to other executive officials. The Court observed that the President was subjected to constant scrutiny by the press. It noted that vigilant oversight by Congress would also serve to deter presidential abuses of office, as well as to make credible the threat of impeachment. The court determined that other incentives to avoid misconduct existed, including a desire to earn reelection, the need to maintain prestige as an element of presidential influence, and a President's traditional concern for his historical stature.
This decision was clarified by Clinton v. Jones
Clinton v. Jones
Clinton v. Jones, , was a landmark United States Supreme Court case establishing that a sitting President of the United States has no immunity from civil law litigation against him, for acts done before taking office and unrelated to the office....
, in which the Court held that a President is subject to civil suits for actions committed before assuming the presidency.