Clinton v. Jones, 520 U.S. 681, 2 (1997)

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682

CLINTON v. JONES

Syllabus

nity from civil damages litigation arising out of events that occurred before he took office—cannot be sustained on the basis of precedent. The principal rationale for affording Presidents immunity from damages actions based on their official acts—i. e., to enable them to perform their designated functions effectively without fear that a particular decision may give rise to personal liability, see, e. g., Nixon v. Fitzgerald, 457 U. S. 731, 749, 752, and n. 32—provides no support for an immunity for unofficial conduct. Moreover, immunities for acts clearly within official capacity are grounded in the nature of the function performed, not the identity of the actor who performed it. Forrester v. White, 484 U. S. 219, 229. The Court is also unpersuaded by petitioner's historical evidence, which sheds little light on the question at issue, and is largely canceled by conflicting evidence that is itself consistent with both the doctrine of Presidential immunity as set forth in Fitzgerald, and rejection of the immunity claim in this case. Pp. 692-697. (b) The separation-of-powers doctrine does not require federal courts to stay all private actions against the President until he leaves office. Even accepting the unique importance of the Presidency in the constitutional scheme, it does not follow that that doctrine would be violated by allowing this action to proceed. The doctrine provides a self-executing safeguard against the encroachment or aggrandizement of one of the three coequal branches of Government at the expense of another. Buckley v. Valeo, 424 U. S. 1, 122. But in this case there is no suggestion that the Federal Judiciary is being asked to perform any function that might in some way be described as "executive." Respondent is merely asking the courts to exercise their core Article III jurisdiction to decide cases and controversies, and, whatever the outcome, there is no possibility that the decision here will curtail the scope of the Executive Branch's official powers. The Court rejects petitioner's contention that this case—as well as the potential additional litigation that an affirmance of the Eighth Circuit's judgment might spawn—may place unacceptable burdens on the President that will hamper the performance of his official duties. That assertion finds little support either in history, as evidenced by the paucity of suits against sitting Presidents for their private actions, or in the relatively narrow compass of the issues raised in this particular case. Of greater significance, it is settled that the Judiciary may severely burden the Executive Branch by reviewing the legality of the President's official conduct, see, e. g., Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, and may direct appropriate process to the President himself, see, e. g., United States v. Nixon, 418 U. S. 683. It must follow that the federal courts have power to determine the legality of the President's unofficial conduct. The rea-

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