A president is:
A. absolutely immune from suit for executive functions.
B. presumptively immune from suit for executive functions.
C. not immune from suit whatsoever.
D. only immune to the degree granted by Congress.
I am stuck on this one between A & B
I don't think either A or B is correct.
http://mashable.com/2014/08/01/how-congress-can-sue-obama/
Think its D
D is incorrect
To determine whether a president is absolutely immune from suit for executive functions or presumptively immune, you can refer to relevant legal principles and precedents.
A. If a president is "absolutely immune from suit for executive functions," it means that they have complete immunity and cannot be sued for any actions they take in their executive capacity. This principle suggests that there is no possibility for a lawsuit against the president related to their actions as the head of the executive branch.
B. On the other hand, if a president is "presumptively immune from suit for executive functions," it means that they are generally protected from lawsuits concerning their executive actions. However, this does not guarantee absolute immunity, and there may be exceptions or circumstances in which the president can be sued.
To determine which of these options is correct, we need to consider legal interpretations and precedent. In the United States, the concept of presidential immunity has been widely debated, and there have been various court decisions and legal opinions on the matter.
Historically, the Supreme Court has recognized a form of immunity for the President from civil lawsuits while in office to ensure that the executive branch can fulfill its functions without constant legal distractions. This immunity is based on the separation of powers and the need to avoid interference with the president's duties.
However, the scope of this immunity is not absolute. The Supreme Court held in the case of Clinton v. Jones (1997) that a sitting president is not immune from civil litigation regarding actions taken before assuming office. The Court ruled that presidents have only a temporary and limited immunity while in office, related to actions directly connected to their official duties.
Based on this precedent, we can conclude that option B, "presumptively immune from suit for executive functions," is the correct answer. While the president may have some level of immunity for executive functions, it is not absolute, and there are circumstances where they can face lawsuits.