Analyzing Presidential Immunity, Powers, and Cases: Civil Law 351

This essay delves into critical aspects of civil law, focusing on presidential immunity, the separation of powers, and significant legal precedents. It begins by comparing and contrasting the Supreme Court's decisions in Clinton v. Jones and Nixon v. Fitzgerald, examining the differing circumstances that...Read More

CIVIL LAW
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CIVIL LAW
Question 1
The central issue in both the cases i.e. Clinton v Jones and Nixon v Fitzgerald was with
regards to extension of immunity to President in civil suit. However, there were significant
differences between the circumstances of the two cases which eventually led to differing
decisions being pronounced by the Supreme court. With regards to Clinton v Jones, a case
was initiated against the sitting President with regards to an act carried out when Clinton did
not occupy the position of President but rather was governor of Arkansas. The Supreme
Court allowed the case to proceed and did not provide immunity to the President since there
was no evidence that proceeding with such a case would result in any adverse impact on the
discharge of duties by the President.
In contrast, Nixon v Fitzgerald involved a civil case with regards to conduct of President
during office time. In this case, the Supreme Court extended absolute immunity for civil
cases arising on actions taken by the President while in office. The honourable court
highlighted that the President is unlike other government servants as he is subject to several
checks and balances besides the scrutiny of press. Hence, granting immunity does not result
in unfettered powers to the President. I do not agree with the court’s decision in Nixon v
Fitzgerald as immunity from civil action is not recommended on the pretext that there are
other checks and balances. Immunity should be extended only when a given civil suit can
hamper a sitting President from discharging duties.
In relation to the various lawsuits against President Trump, it is likely that immunity would
not be extended for those cases where the underlying grievance relates to action before
assuming office. However, with regards to cases related to actions taken during presidency,
immunity may be extended especially if it interferes with Presidential duties discharge.
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CIVIL LAW
Question 2
The key power of the legislative branch relates to enactment of laws. For this purpose,
various legislations are passed which are then sent to the President for his/her consent. The
President can veto the bill and thereby it acts as a check and balance for abuse of power by
the Congress or legislative branch. The key power of executive is the enforcement of the
laws. In the US contest, the executive is synonymous with the President who is the supreme
commander of the armed forces and represents the country abroad and at international
platforms. Various officers are appointed by the President for law enforcement and these
serve at the pleasure of President (Alder, 2015).
One of the key principles of US constitution is the separation of power which implies that
there are separate but overlapping powers of the three branches namely legislature, judiciary
and executive. The overlapping powers are called as shared powers and these tend to serve as
checks and balances so as to avoid abuse of power. For instance, even though the President is
the head of armed forces but would require approval from Congress before initiating war.
Also, the Congress has the power to impeach President for any abuse of power (Alder, 2015).
The flaws and advantages of this government system can be exhibited from the recent US
shutdown. President Trump on account of the Appropriations Bill requiring his signature
used the opportunity to press the Congress into passing $5.7 billion in federal funding for
building wall with Mexico (McCarthy, 2018). Clearly, this was an example where the
President can potentially hold the legislature hostage in a bid to ensure that his personal
agenda is endorsed. However, at the same time, this requirement is an advantage since it
ensures that the Congress cannot pass the bills where their is lack of consensus or against
majority public sentiments.
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CIVIL LAW
Question 3
The Watergate scandal commenced on 17th June, 1972 when five burglars were caught when
breaking into the Democratic National Committee situated at Watergate office complex.
However, this robbery was different since the burglars had connection to the Nixon
administration. After months of investigation and crucial role being played by select
journalists, it came to light that the prowlers had connection with the agency managing
the election campaign of Nixon. The objective of this break-in was to secure top-secret
documents along with bugging the offices of political rivals. As pressure mounted on
President Nixon, after two months from the incident Nixon gave a speech whereby he
swore with regards to non-involvement of the White House staff (A&ETN, 2018).
There was obstruction of justice by President Nixon who instructed the CIA to
intentionally slow the FBI investigation. Also, hush money was transferred to those
burglars involved in the break-in. Through the actions of two Washington Post reporters,
it came to light that a larger conspiracy was at play. This was confirmed when some of
Nixon’s aides disposed about the tapes with Nixon. However, Nixon still obstructed
justice by refusing to share the tapes with the Justice Department citing president’s
executive privilege. Even after sizable pressure, Nixon handed only part of the tapes. It
was not until 1974 that the complete tapes were handed over and that happened only
after the Supreme Court judgement in this regards. It is not surprising that Nixon had to
resign as no US president has blatantly abused Presidential powers to target political
rivals and also obstructing justice despite ample evidence available against him
(A&ETN, 2018).
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CIVIL LAW
References
Alder, J. (2015). Constitutional and Administrative Law (2nd edn) London: Palgrave
Macmillan Publisher.
McCarthy, T. (2018) US government shutdown over border wall will last into 2019,
Retrieved on March 15, 2019 from https://www.theguardian.com/us-news/2018/dec/27/us-
government-shutdown-continue-2019-trump
A&ETN (2018) Watergate Scandal, Retrieved on March 15, 2019 from
https://www.history.com/topics/1970s/watergate
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