Hey, I'll admit, I'm doing some catch up. I believe SCOTUS just ruled a bit on this subject last weekend or so, but I wonder if the .gov side or SCOTUS thought about this old decision at all during the process.
This was from Andrew Johnson's term, the Democrat who took over after President Lincoln was assassinated. By a Democrat.
"The state of Mississippi attempted to sue President Andrew Johnson for enforcing the Reconstruction Acts. 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. "
