Franklin v. Massachusetts, 505 U.S. 788, 41 (1992)

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828

FRANKLIN v. MASSACHUSETTS

Opinion of Scalia, J.

"a functionally mandated incident of the President's unique office, rooted in the constitutional tradition of the separation of powers and supported by our history." Id., at 749; see also id., at 749-757; id., at 760-764 (Burger, C. J., concurring).3 Permitting declaratory or injunctive relief against the President personally would not only distract him from his constitutional responsibility to "take Care that the Laws be faithfully executed," U. S. Const., Art. II, § 3, but, as more and more disgruntled plaintiffs add his name to their complaints, would produce needless head-on confrontations between district judges and the Chief Executive. (If official-action suits against the President had been contemplated, surely they would have been placed within this Court's original jurisdiction.) It is noteworthy that in the last substantive section of Nixon v. Fitzgerald where we explain why "[a] rule of absolute immunity for the President will not leave the Nation without sufficient protection against misconduct on the part of the Chief Executive," 457 U. S., at 757, because of "[t]he existence of alternative remedies and deterrents," id., at 758, injunctive or declaratory relief against the President is not mentioned.

None of these conclusions, of course, in any way suggests that Presidential action is unreviewable. Review of the legality of Presidential action can ordinarily be obtained in a suit seeking to enjoin the officers who attempt to enforce the President's directive, see, e. g., Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579 (1952); Panama Refining Co. v. Ryan, 293 U. S. 388 (1935)—just as unlawful legislative ac-3 Although the relief granted in Powell v. McCormack, 395 U. S. 486 (1969), was only declaratory, and although we reserved the question whether coercive relief could properly be granted against the congressional officers, we discussed the issue of the form of relief only after having concluded that the actions of these officers were not protected by legislative immunity, id., at 517-518. Accordingly, nothing in the case suggests that declaratory relief may be awarded for actions protected by congressional (or Presidential) immunity.

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