Clinton v. Jones, 520 U.S. 681, 17 (1997)

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Cite as: 520 U. S. 681 (1997)

Opinion of the Court

"Just what our forefathers did envision, or would have envisioned had they foreseen modern conditions, must be divined from materials almost as enigmatic as the dreams Joseph was called upon to interpret for Pharoah. A century and a half of partisan debate and scholarly speculation yields no net result but only supplies more or less apt quotations from respected sources on each side . . . . They largely cancel each other." Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 634-635 (1952) (concurring opinion).

VI

Petitioner's strongest argument supporting his immunity claim is based on the text and structure of the Constitution. He does not contend that the occupant of the Office of the President is "above the law," in the sense that his conduct is entirely immune from judicial scrutiny.24 The President argues merely for a postponement of the judicial proceedings that will determine whether he violated any law. His argument is grounded in the character of the office that was created by Article II of the Constitution, and relies on separation-of-powers principles that have structured our constitutional arrangement since the founding.

As a starting premise, petitioner contends that he occupies a unique office with powers and responsibilities so vast and important that the public interest demands that he devote his undivided time and attention to his public duties. He submits that—given the nature of the office—the doctrine of separation of powers places limits on the authority of the

24 For that reason, the argument does not place any reliance on the English ancestry that informs our common-law jurisprudence; he does not claim the prerogatives of the monarchs who asserted that "[t]he King can do no wrong." See 1 W. Blackstone, Commentaries *246. Although we have adopted the related doctrine of sovereign immunity, the common-law fiction that "[t]he king . . . is not only incapable of doing wrong, but even of thinking wrong," ibid., was rejected at the birth of the Republic. See, e. g., Nevada v. Hall, 440 U. S. 410, 415, and nn. 7-8 (1979); Langford v. United States, 101 U. S. 341, 342-343 (1880).

697

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