Although traditionally it has been recognized that the President is absolutely immune from personal damage liability for his official acts, there is no precedent for this rule in constitutional text or case law. However, in the case of Nixon v. Fitzgerald, the Supreme Court overruled lower federal courts in establishing a clear precedent for the President's absolute immunity from personal liability for civil damages. The author examines this decision in light of traditional principles of official immunity and analyzes the Court's holding from the standpoint of whether the President is indeed placed "above the law."
Craig B. Forry
Nixon v. Fitzgerald: Recognition of Absolute Immunity From Personal Damage Liability for Presidential Acts,
10 Pepp. L. Rev.
Available at: http://digitalcommons.pepperdine.edu/plr/vol10/iss3/5