The King of Tyranny that Plauge this Nation

[The2ndAmendment]

"The King Can Do No Wrong," also known as Sovereign Immunity. This provision of United States Law, found no where in the Constitution, but is in fact borrowed from the English Monarchy, explains why our government has had such an easy time violating the Constitution.

At first, I thought that the failure to educate citizens about Jury Nullification was the chief problem, but even though that is a major issue in controlling our government, it's actually not the diseases that this country suffers.

Now I've realized the true problem, the doctrine of Sovereign Immunity. This doctrine states that NO citizen may sue the government, unless the government consents to being sued.

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1685&context=faculty_scholarship

Whether you are on the right or the left, or Libertarian, or Progressive, you have to admit, this is seriously fucked up.

Now I knew about this quite some time ago, but I didn't really remember it from back in AP Government, and it was never mentioned in the university level courses. I rediscovered this doctrine because there were several drones

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So this brings me to a question. I have always been a supporter of a public option for healthcare, and I still am. Suppose that I'm on the public option, and my government improperly administers my insurance, or wrongfully denies my insurance; how can I sue them?

 

[editec]

I understand your complaint and definitely agree that it is harmful to society.

But consider how easily ALL government could be nullified at every turn if every citizen had the right to challenge any decision or action government took.

 

[The2ndAmendment]

I understand your complaint and definitely agree that it is harmful to society.

But consider how easily ALL government could be nullified at every turn if every citizen had the right to challenge any decision or action government took.

If a citizen chose to prosecute, he would not be entitled to his own attorney, he must be his own attorney. I believe that restriction is sufficient to stop the "every turn" dilemma ('oh wait dude, I'll actually have to present a clear and logical train of thought to win this case? Cool story bro!').

 

[Mad Scientist]

I understand your complaint and definitely agree that it is harmful to society.

But consider how easily ALL government could be nullified at every turn if every citizen had the right to challenge any decision or action government took.

That's right. We don't need the People knowing how much power they really have.

 

[editec]

I understand your complaint and definitely agree that it is harmful to society.

But consider how easily ALL government could be nullified at every turn if every citizen had the right to challenge any decision or action government took.

If a citizen chose to prosecute, he would not be entitled to his own attorney, he must be his own attorney. I believe that restriction is sufficient to stop the "every turn" dilemma ('oh wait dude, I'll actually have to present a clear and logical train of thought to win this case? Cool story bro!').

I don't see how the above changes the dynamic at all, amigo.

Whether you become your own lawyer (or your organization becomes its own lawyer) or you hire a lawyer, the fact still remains that by doing so one can easily put injunctions of government activity UNTIL the courts have a finding.

Perhaps I'm not reading your POV correctly?

Illuminate

 

[The2ndAmendment]

I don't see how the above changes the dynamic at all, amigo.

Whether you become your own lawyer (or your organization becomes its own lawyer) or you hire a lawyer, the fact still remains that by doing so one can easily put injunctions of government activity UNTIL the courts have a finding.

Perhaps I'm not reading your POV correctly?

Illuminate

Perhaps the Court could interpret Sovereign Immunity to make the government immune to temporary injunctions ONLY when a citizen or private organization is suing them.

This interpretation would serve an an intermediary measure while an Amendment to the Constitution would be drafted to fully remedy the problem.

That is about the best I can think of.

 

[The2ndAmendment]

In our Letter to the Supreme Court yesterday:

Finally, I would like to conclude with what I consider to be the Great Evils, those things that have distorted the Rule of Law in America, the land where the Law is King.

Without a doubt, the very first of these is Sovereign Immunity. The inability of citizens to sue their government in Court is a direct violation of the First Amendment, as it prohibits citizens the right to petition the Government a redress of grievances (through the courts), giving the State an unfair advantage, as only the State can press charges.

The State will only prosecute when it believes it will win, and it will never consent to be sued when it believes it will lose; thus it is no surprise that power has been transferred away from the people to the Government over time.