Friday, April 08, 2005

Opinion - Sovereign Immunity

The States have in the last couple of years received a gift from the Supreme Court. They are exempt from virtually every legal means to enforce their compliance with federal law. I say virtually because they still can be hauled into court by the Federal Government....but everyone else just has to take it on the the gut.....up the ass....

If a State takes property away from you, you can not stop them in Federal Court. In general, unless you are real lucky and the situation starts with you in possession of the property, you will not be able to stop them in State court. If this sounds like a classic due process issue, you would be right, but a State can claim sovereign immunity and not even the federal courts will step in to help.

So, next time you think about doing business with a State, think again. States may have sovereign immunity but they don't act like sovereigns....they act like any other back corner thug that knows it has the 'police' in their pocket.

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