Friday, November 15, 2019

THE KING CAN DO NO WRONG

We sought a new land to escape a monarchy.  We fought a revolution, declared our independence and wrote our own Constitution.  We, the people.  Of the people, by the people and for the people.  We established the United States Government in three equal parts: to make laws, execute laws and interpret laws.

We also brought with us the common law which grew up along side the monarchy.  It forms the basis of our system of jurisprudence.  It's the so called case law.  Law carried down through the ages by the written opinions of the courts.  We also passed statutes to codify laws.  We established what we call the rule of law.

Part of the common law was sovereign immunity.  Before, the king could do no wrong.  The sovereign was immune to suit for redress.  After, the sovereign U. S. Government, the government of, by and for the people, kept the concept of sovereign immunity.  For example, you cannot sue the government in contract unless there is a statute permitting it.  Thus, the Contract Disputes Act.  You cannot sue the government in tort, hence the Federal Tort Claims Act.  Sovereign immunity.

Our sovereign is the government of, by and for the people.  We are protected by our statutes and common law.  We replace the king.  We shed our blood to replace the monarchy.  Here, there can be no kings.  "The King can do no wrong" is on the trash heap of history. 

 bill@spriggsconsultingservices.com      bill@spriggslawgroup.com

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