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"So apparently the government cannot break the law, by definition. What the hell?!" history/explanation in the 'introductory' section: http://www.law.harvard.
by rgbrenner 13y ago
"So apparently the government cannot break the law, by definition. What the hell?!"
history/explanation in the 'introductory' section:
http://www.law.harvard.edu/faculty/hjackson/FedSovereign_21.pdf http://www.law.harvard.edu/faculty/hjackson/FedSovereign_21....
- jervisfm 13y agoIANAL but if the government is right by definition (on a legal basis), does that mean that the various suits now being filed don't have any teeth ?
- abecedarius 13y agoThat history is pretty unsatisfying when it first quotes Holmes, presumably a century or so after the constitution was ratified. So next I looked at http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States#Federal_sovereign_immunity http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unite... and it cites a case from 1983. This makes me at least wonder at the idea it derives directly from English law at the founding of the U.S.; "you can't sue the King" does not obviously transfer right over in the atmosphere of the time. ianal or historian.