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Abolish Sovereign Immunity…
…as Well as Prosecutorial and Judicial Immunity
Immunity — sovereign, prosecutorial, and judicial — are the banes of democracy’s existence. They remove accountability of the leaders to the led, and take away a fundamental “check” in our system of checks and balances.
The genius of our Constitution lay in the form of government it created, a tripartite republic consisting of three branches: the Executive, the Judicial and the Legislative. Each branch, co-equal with the other two, had certain powers at its disposal, and each branch could serve as a means of restraining the exercise of the other two branches’ authority. The notion of checks and balances, though imperfectly administered, was and is a major advantage of our system of government. If one branch overreached its powers, one or both of the other two branches could and usually would pull it back towards the center.
Sadly, however, there have been historical precedents for lessening the restraining effects of checks on power.
Sovereign Immunity Comes From “The Divine Right of Kings”
Judges and prosecutors should be able to be sued, albeit under restrictive circumstances. Post a bond, and the judge or prosecutor should be able to be sued.*
