Mississippi v. Johnson

Mississippi v. Johnson, 71 U.S. (4 Wall.) 475 (1867), was the first suit to be brought against a President of the United States in the United States Supreme Court. The state of Mississippi attempted to sue President Andrew Johnson for enforcing Reconstruction. The court decided, based on a previous decision of Marbury v. Madison that the President has two kinds of tasks: ministerial and discretionary. Discretionary tasks are ones the president can choose to do or not to do, while ministerial tasks are ones required by his office: those whose failure to perform could leave him in violation of the Constitution. The court ruled that by enforcing Reconstruction, Johnson was acting in an "executive and political" capacity—a discretionary rather than a ministerial one—and so he could not be sued.

Mississippi v. Johnson
Argued April 12, 1867
Decided April 15, 1867
Full case nameThe State of Mississippi v. Andrew Johnson, President of the United States
Citations71 U.S. 475 (more)
4 Wall. 475; 18 L. Ed. 437
Holding
In the course of his enforcement of the Reconstruction Acts, President Johnson was necessarily exercising discretion and so could not be sued.
Court membership
Chief Justice
Salmon P. Chase
Associate Justices
James M. Wayne · Samuel Nelson
Robert C. Grier · Nathan Clifford
Noah H. Swayne · Samuel F. Miller
David Davis · Stephen J. Field
Case opinion
MajorityChase, joined by unanimous

See also

Further reading
  • Bell, Lauren Cohen (2004). "Following the Leaders or Leading the Followers? The US President's Relations with Congress". Journal of Legislative Studies. 10 (2/3): 193–205. doi:10.1080/1357233042000322300.
  • Kauper, Paul G. (1952). "The Steel Seizure Case: Congress, the President and the Supreme Court". Michigan Law Review. Michigan Law Review, Vol. 51, No. 2. 51 (2): 141–182. doi:10.2307/1285714. JSTOR 1285714.
  • Kutler, Stanley I. (1968). Judicial Power and Reconstruction Politics. Chicago: University of Chicago Press.
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