Sovereign Impunity

Sovereign immunity is sometimes called “crown immunity.” It has been documented in early English common law. Sovereign immunity is the doctrine that assumes that the monarch or the state cannot commit a legal wrong. It follows, therefore, that state is immune from civil suit or criminal prosecution. Some states have waived immunity to allow for suits, and in other cases some individuals may be charged as a surrogate for the state. In other words, unless it has been expressly permitted, a citizen cannot sue or bring charges against the government. Misfeasance, malfeasance and intentional indifference for the law are not grounds for suing or filing charges against the government or one of its elected officials or appointees. It seems that they have taken that “sovereign” aspect to heart.

Clearly, it would not be wise in these litigious times for every disgruntled citizen to use the courts to bend the political apparatus to her or his will. There are some groups or associations who do that now with some degree of success. The normal citizen, however, is often powerless to require that government follow the law….particularly the Constitution of the United States. As noted above the concept of sovereign immunity was a staple of English common law, but actually it is a power move by rulers to cover their tracks for any stupid or nefarious actions. In essence sovereign immunity is an   institutionalized lack of accountability. The politicians and the bureaucracy make the laws and enforce them, but in many cases they are exempt from obeying those same rules. Even when they are obligated by law or by oath to adhere to the law, they dismiss or ignore it without fear of repercussions because the Congress is afraid to challenge the Executive branch and vice versa.

We find ourselves on the horns of a dilemma. The separation of powers in the Constitution is designed to deny any of the three branches the capacity for running roughshod. Because all three branches ignore the law and exempt themselves from the consequences, we have no viable method for regaining control of our government. They have successfully isolated themselves from the people and from accountability. In a sense all three branches appear to work in cahoots to ensure the exalted status of the political elites. Even when they disagree, they pointedly fail to hold the others responsible. The political class fears the power of the people far more than they dislike one another’s policies. If they are unwilling to hold one another accountable, and if they all benefit from the protection of sovereign immunity, what recourse is available to the people?

We may consider Thomas Jefferson’s observation that a bloody revolution is needed for every generation to be a little over the top and I suspect that the sage of Monticello may have written it with his tongue firmly planted in his cheek. The truth of the matter is that if the THREAT or the potential for revolution had existed, we might have had a better outcome than we are currently experiencing. The breakdown occurred because we have gone too many generations without the prospect of a popular uprising thus allowing the political class to solidify their power, treat the law with contempt and willfully ignore the Constitution. The due diligence role for the people has become past due. To recapture the power for the electorate will require a Herculean effort with an uncertain outcome. Are there enough patriots willing to tackle the entrenched political class for a sustained period? Let’s hope so. The current method of the political elites ignoring the law is the fast track toward tyranny.

If the people successfully reassert their power over the republic, the doctrine of sovereign immunity should be altered. No immunity should protect politicians or bureaucrats from votes or actions that violate their oaths, the law of the land, or the Constitution. Politicians should be immune from disaffected voters lawsuits because of an unpopular vote…if the measure conforms to Constitutional and legal standards. Our public representatives should be held accountable and legally liable if they act beyond the parameters of their oaths, the law and the Constitution. They do not deserve, nor should they have sovereign immunity if they continue to act with imperial impunity.

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Warped View

Idealism is the behavior or thought based on a conception of things as one thinks they should be. In other words, idealism is one’s personal construct of the way things ought to be. In theory idealism is laudable because individuals should strive to improve the human condition…you know, that rising tide, all boats thingy. In practice, however, idealism is often autocratic and tyrannical. The idealist abandons reality in order to force her/his personal picture of perfection on the rest of us. Despite our individual concepts of an ideal society, if the autocratic idealist holds the reins of power, we are compelled to follow his vision or version.

On the face of it idealism is a positive force for an aspiring group, but at its worst it becomes a rigid cage that allows for limited variety or personal preference. Many idealists appear to have their heads so high in the clouds that they cannot see the earth, or their craniums are so firmly implanted in their anal passages that they are unaware of the reality around them. In many ways Nietzsche was an idealist, and Hitler was a pragmatist who relied on many of Nietzsche’s visions for a society. The ideal was seriously flawed, and the implementation was horrific. They bring to mind the old bromide: be careful what you wish for.

The primary motivation for my position as an individualist is that I do not trust idealists.  Their reliance on human ideals often leads to inhumane actions. Their concepts of the perfect eventually morph into coercion of the people. The individualist lives life according to his own ideals without infringing on the lives, safety and property of others. The individualist may follow a vision that we embrace, or an ideal that we find repulsive. The end result is that we are not compelled to share or follow the lonely drummer. His choice is not constrained by our preferences, and our path is not dictated by the individualist’s vision.

Human nature seems to reveal that despite our similarities, each of us possesses a nugget of uniqueness. To expect all people all the time to conform to an ideal that has been germinated by one person or group is folly. We are not automatons even if some special interest groups behave as if they were. When individuals choose to exercise their minds, they often find that their preferences differ from those of others around them. Individuals are the generators of innovation. Individuals nourish the creative impulse that is available to each of us. Idealistic communities, on the other hand, discourage individual experimentation because it disrupts conformity.

When politicians, academics or others from the self-appointed elite disparage individual freedom and expression, it is usually because the individual’s ideal differs from theirs. Despite their high-minded protestations, collective idealists resent alternative visions. Their rock-solid belief in the superiority of their own positions will not allow them to tolerate any point of view that differs from theirs. Their arrogance and sense of self-importance drive them to dismiss other ideals as unworthy, and hence, other idealists whose dreams are not compatible with theirs as contemptible. The elite idealists are convinced that their structure for humanity is far superior to any conceivable option. Their passion for their vision is cult-like and unmovable. Individualism is not encouraged, nor is it tolerated. Individuals must be marginalized in the collective ideal.

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Corollaries and Conspiracies

Corollaries can be dangerous. When a series of occurrences appear to impact another grouping of events, one may say that there appears to be a correlation. (If it involves royalty, it could be a correlation coronation). Many apparent correlations seem to occur on an almost daily basis. Some are considered coincidental, and others are examined to determine if there is indeed a relationship between the events…perhaps an indication of a causal relationship. Not all correlations, however, possess an element of causality.  For example, for every year of my more than six decades of life on this earth, the planet’s human population has increased. Now, while I am directly (50%) responsible for two of those additional people, and indirectly responsible for three more, no one with any degree of certitude can proclaim that my aging has caused the global population to increase. Nevertheless, there is a correlation between my advancing years and the growth of population on the planet.

Presently, we seem to be riding a sled towards tyranny because the wheels appear to have fallen off our nation. We seem to be inundated by assaults on our liberty and our sensibilities. One gets the sense of a constant drumbeat of efforts to limit our options and constrain our opportunities. It is rather easy, therefore, to imagine conspiracies driving every negative event. The conspiratorial atmosphere is fueled by our recognizing the relationships that seem to coalesce to undermine our freedom. Are all the conspiracies real, or are they mere figments of our frustrated minds? They are both, I suspect. Many of the forces that appear to be aligned against our freedom are not necessarily conspiratorial, but they may be inadvertently colluding. In other words, one thinks and acts like his/her peers. Ivy League elites often share the same hopes and goals. They may also have similar views of those of us who are not a part of their insulated world. So, in effect they are colluding but simply for the “good of the people.” It’s not as if they truly wish to thwart the wills of their fellow citizens, but rather their sincere belief that our choices and preferences are not what is best for everyone. Their attitudes smack of arrogant elitism…sincerely misguided and ultimately tyrannical.

Two critical elements in crime solving are motive and opportunity. When we attempt to pursue a correlation’s nexus to a conspiracy, we may become frustrated because not all dots are connected. Our liberties become more limited and our protestations go unheard…or unacknowledged. We can clearly observe the corollaries that are present as our freedom of movement and response become circumscribed. We have a sense that if only we could identify the source and vanquish it, our liberty would be wholly restored. But, we cannot identify a clear-cut motive except for power.

Unfortunately, the source of our discontent is not people (though they represent the vehicle). It is not a vast complicated conspiracy. The situation that we find today is a result of foggy thinking and misplaced values. In the theological sense, it’s called “original sin.” In the philosophical and political worlds it’s known as “utopianism. “ In your world and mine it’s known as meddling…or ignorant…or evil. It is an attitude and a belief system that is and always has been the antithesis of individual freedom. It is not a new phenomenon. It has always been a challenge to people who love liberty. Our true enemy is a mindset and an attitude. A final analysis of correlations would prove that as the elites are viewed as smarter and more compassionate, so must individual freedom become rarer. The cause is an attitude that has been present for humankind’s entire history.

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