Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=Immunity of the President from Judicial Control.=--Being at the head of
a coördinate department of the government, the President, unlike other
public officers, is not subject to the control of the courts. They
cannot issue processes against him, or restrain him or compel him to
perform any act. During the trial of Aaron Burr for treason, Chief
Justice Marshall issued a subpoena directed to President Jefferson
requiring him to produce a certain paper relating to Burr's acts, but
the President refused to obey the writ, declaring that if the chief
executive could be compelled to obey the processes of the courts he
might be prevented from the discharge of his duties. Even if the
President were to commit an act of violence, he could not be arrested or
in any way restrained of his liberty. The only remedy against acts of
violence committed by him is impeachment by the house of representatives
and trial by the Senate. If convicted, he must be deprived of his
office, after which his immunity ends and he is liable to prosecution
and trial in the ordinary courts as any other offender. The principle
upon which the President is exempt from the control of the courts is not
that he can do no wrong, but that if he were subject to judicial
restraint and compelled to obey the processes of the courts, the
administration of the duties of his high office might be interfered
with.
Nevertheless, the Supreme Court does not hesitate to exercise control
over the subordinates through whom the President acts in most cases, and
it will refuse to sanction orders or regulations promulgated by him if
they are unconstitutional. To this extent, his acts are subject to
judicial control.
=References.=--ANDREWS, Manual of the Constitution, pp. 180-201.
BEARD, American Government and Politics, ch. x. BRYCE, The American
Commonwealth (abridged edition), ch. v. FAIRLIE, National
Administration, chs. i-ii. HARRISON, This Country of Ours, ch. vi.
HINSDALE, American Government, ch. xxxii.
=Documentary and Illustrative Material.=--1. Copy of an inaugural
address of the President. 2. Copy of an annual message of the
President. 3. Copies of executive orders and proclamations. 4.
Copies of veto messages.
RESEARCH QUESTIONS
1. What is your opinion of Sir Henry Maine's saying that the President
of the United States is but a revised edition of the English King?
2. How do the powers of the President compare in importance and scope
with those of the King of England?
3. Have the President's powers increased or decreased since 1789? Give
your reasons.
4. Name some of the Presidents who were notable for the vigorous
exercise of executive power.
5. What is your opinion of the position taken by President Roosevelt
that the power of the President should be increased by executive
interpretation and judicial construction?
6. Is the President the judge of the extent and limits of his own
powers? If not, what authority is?
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