We actually had to pass section 1983 of the federal code in 1871 for that exact reason. The founders may have intended it, but they didn’t write it down specifically. Then in 1874 an unnamed secretary illegally revised the law while “copying” it from the Congressional Record to the Federal Register. This led to the Qualified Immunity argument that was the crux of Harlow v Fitzgerald.
We actually had to pass section 1983 of the federal code in 1871 for that exact reason. The founders may have intended it, but they didn’t write it down specifically. Then in 1874 an unnamed secretary illegally revised the law while “copying” it from the Congressional Record to the Federal Register. This led to the Qualified Immunity argument that was the crux of Harlow v Fitzgerald.
https://www.nytimes.com/2023/05/15/us/politics/qualified-immunity-supreme-court.html