4 ms·
Sovereign Immunity, I believe. I read the whole opinion from the 9th circuit last night because I was shocked that the 9th circuit (supposedly one of the most
by gee_totes 14y ago
Sovereign Immunity, I believe.
I read the whole opinion from the 9th circuit last night because I was shocked that the 9th circuit (supposedly one of the most liberal) would hand down such an opinion.
From what I gathered, basically the US can break the law, but the government cannot be held responsible in the courts. The only people who can be held responsible are the office holders themselves (Barak Obama, Robert Muller, etc.). However, in this particular case, the could not be held responsible for damages related to the surveillance since they were just fulfilling their duties as officeholders. And the government itself could not be held responsible, as it had not waived sovereign immunity (a legal principle that says the state (or king!) can do no wrong).
https://en.wikipedia.org/wiki/Sovereign_immunity https://en.wikipedia.org/wiki/Sovereign_immunity
- mtgx 14y agoIs sovereign immunity a Constitutional right of the Government or something? Or is it just a law passed a long time ago? Because it sounds like something the politicians wanted to pass to save themselves when they overreach, rather than something that was actually done with the citizen's rights and security in mind.
- molo 14y agoIt is a matter of judicial law that was inherited via common law of England. The US government now takes the place of the king -- the 'sovereign'. This has no place in a democracy, and is not supported by the constitution, in my opinion.
- ebrenes 14y agoI suppose this adds another bullet point to Philip Greenspun's use of "King" instead of "President" when referring to the sovereign head of the USA. http://blogs.law.harvard.edu/philg/2009/10/28/is-it-fair-to-refer-to-barack-obama-as-king-obama/ http://blogs.law.harvard.edu/philg/2009/10/28/is-it-fair-to-...
- gee_totes 14y agoAs far as I know, there is no mention of sovereign immunity in the constitution itself. It seems like it's one of those legal traditions that get passed down (like how parts the United States' legal system come from British Common Law). In fact, I don't think there's even a law that says the US has sovereign immunity, it's one of those things that just is.