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Federal Sovereign Immunity and Compensatory Contempt

By: Riess, Daniel | Texas Law Review, May 2002 | Article details

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Federal Sovereign Immunity and Compensatory Contempt


Riess, Daniel, Texas Law Review


Notes

Federal Sovereign Immunity and Compensatory Contempt^

No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.1

But the broader reason [for sovereign immunity] is, that it would be inconsistent with the very idea of supreme executive power, and would endanger the performance of the public duties of the sovereign, to subject him to repeated suits as a matter of right, at the will of any citizen, and to submit to the judicial tribunals the control and disposition of his …

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