3.15: What is Sovereign Immunity?
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This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.
3.15: What is Sovereign Immunity?
Sovereign Immunity is a doctrine that dates back to the Middle Ages,
which held that a subordinate citizen/serf could not sue his dominant
Sovereign King, without the permission of the King. This is absurd,
because you can imagine what the answer would be.
'Scuse me, m'Laud. But may I sue you? No?
Righto then. Thank you for your time!
It is commonly held that today, the ancient principle of
Sovereign Immunity means that a citizen cannot sue the
State/Sovereign without the permission of the State.
This is exactly backwards.
Now there is one problem with this modern meaning. It is
a perversion and a corruption, and shows a lack of basic
understanding of the principles which founded the USA.
It is a lie promulgated by lawyers, politicians, and the
corporate media that paid for the elections....
As documented in Thomas Paine's _Rights of Man_, historically
there have been 3 means by which people have seized and
asserted the right to govern, and maintained such:
1: Divine Providence (Religous Rule), almost always
in conjunction with
2: Military Rule (Might makes Right), and
3: Heredity (Blood Right, Genetic Superiority)
... except one. The United States was the first nation
of European people founded on the fundamental principle
of democratic self-rule, the right to "chuse our own
governors, to cashier them for misconduct, and to frame
a government for ourselves." [Richard Price, A Discourse
on the Love of our Country (1789)] The United States
was founded upon the fundamental notion that the people
hold the sovereign power, and are thus dominant over the
subordinate state.
Thus, if "Sovereign Immunity" is said to still exist, it
should mean that the subordinate State cannot bring suit
against a dominant citizen without the people's permission!
This is completely consistant with the required "oath
or affirmation" of a civilian complaint mentioned in
the Fourth Amendment, and that all complaints must be
approved or initiated by the Grand Jury, which is a body
of the People.
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