Re:NSA Phone Snooping Cannot Be Challenged in Court, Feds Say
by abecedarius on Friday July 19, 2013 @09:20PM
(#6073922)
That history is pretty unsatisfying when it first quotes Holmes, presumably a century or so after the constitution was ratified. So next I looked at http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unite... and it cites a case from 1983. This makes me at least wonder at the idea it derives directly from English law at the founding of the U.S.; "you can't sue the King" does not obviously transfer right over in the atmosphere of the time.
ianal or historian.
history/explanation in the 'introductory' section:
http://www.law.harvard.edu/faculty/hjackson/FedSovereign_21....