696
Opinion of the Court
Respondent, in turn, has called our attention to conflicting historical evidence. Speaking in favor of the Constitution's adoption at the Pennsylvania Convention, James Wilson— who had participated in the Philadelphia Convention at which the document was drafted—explained that, although the President "is placed [on] high," "not a single privilege is annexed to his character; far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment." 2 J. Elliot, Debates on the Federal Constitution 480 (2d ed. 1863) (emphasis deleted). This description is consistent with both the doctrine of Presidential immunity as set forth in Fitzgerald and rejection of the immunity claim in this case. With respect to acts taken in his "public character"—that is, official acts— the President may be disciplined principally by impeachment, not by private lawsuits for damages. But he is otherwise subject to the laws for his purely private acts.
In the end, as applied to the particular question before us, we reach the same conclusion about these historical materials that Justice Jackson described when confronted with an issue concerning the dimensions of the President's power.
Maclay went on to point out in his diary that he virulently disagreed with them, concluding that his opponents' view "[s]hows clearly how amazingly fond of the old leven many People are." Diary of Maclay 168.
Finally, Justice Story's comments in his constitutional law treatise provide no substantial support for petitioner's position. Story wrote that because the President's "incidental powers" must include "the power to perform [his duties], without any obstruction," he "cannot, therefore, be liable to arrest, imprisonment, or detention, while he is in the discharge of the duties of his office; and for this purpose his person must be deemed, in civil cases at least, to possess an official inviolability." 3 Story § 1563, at 418-419 (emphasis added). Story said only that "an official inviolability," ibid. (emphasis added), was necessary to preserve the President's ability to perform the functions of the office; he did not specify the dimensions of the necessary immunity. While we have held that an immunity from suits grounded on official acts is necessary to serve this purpose, see Fitzgerald, 457 U. S., at 749, it does not follow that the broad immunity from all civil damages suits that petitioner seeks is also necessary.
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