>>18110006
Isn’t Sovereign a word related to kings and queens, monarchies, how is used in the US or misused
sovereign.Congress and States are servants of the people they are not sovereign over the people. Sovereign Immunity must be abolished because its based on a power not endowed by the constitutionbut government and congress have endowed themselves with. We fought England for our freedom due to Sovereign immunity.
noun
sov·er·eign ˈsä-v(ə-)rən -vərn, also ˈsə-
variants or less commonly sovran
1a: one possessing or held to possess supreme political power or sovereignty
b: one that exercises supreme authority within a limited sphere
c: an acknowledged leader : ARBITER
2: any of various gold coins of the United Kingdom
sovereign
adjective
sov·er·eign ˈsä-v(ə-)rən -vərn, also ˈsə-
variants or less commonly sovran
1a: superlative in quality
b: of the most exalted kind : SUPREME
sovereign virtue
c: having generalized curative powers
a sovereign remedy
d: of an unqualified nature : UNMITIGATED
sovereign contempt
e: having undisputed ascendancy : PARAMOUNT
2a: possessed of supreme power
a sovereign ruler
b: unlimited in extent : ABSOLUTE
c: enjoying autonomy : INDEPENDENT
sovereign states
3: relating to, characteristic of, or befitting a supreme ruler : ROYAL
a sovereign right
sovereignly adverb
Whats Left of Sovereign Immunity after Katz
Journal Issue:
May 2006
Column Name: Affairs of States
Resolving a split among the circuits regarding the constitutionality of 11 U.S.C. §106(a), the Supreme Court held, in a 5-4 decision, that lawsuits to avoid preferential transfers brought in federal bankruptcy court against states or state agencies are not barred by the doctrine of sovereign immunity established by the Eleventh Amendment. Central Virginia Community College v. Katz, 126 S.Ct. 990 (2006). The decision retreated from statements contained in Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), in which the Supreme Court indicated that the sovereign-immunity defense would apply in bankruptcy-related proceedings. The decision constitutes the second decision by the Supreme Court limiting, in the bankruptcy arena, the application of the broad sovereign-immunity doctrine articulated in Seminole Tribe. In 2004, the Supreme Court held that sovereign immunity did not bar an individual debtor's action in federal bankruptcy court seeking a hardship discharge of student loan debt. Tennessee Student Assistance Corp. v. Hood, 541 U.S. 440 (2004).
Tortured History
States' sovereign immunity from suit in federal court began shortly after ratification of the Constitution when the Supreme Court, in Chisholm v. Georgia, 2 U.S. (2 Dall.) 419 (1793), permitted a suit by a citizen of the state of South Carolina against the state of Georgia to proceed in federal court based on diversity of citizenship. The Eleventh Amendment, which provides that "the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state," was enacted in response to the Chisholm decision. Young, Gordon, Comment: Seminole Tribe v. Florida, 56 Md. L. Rev. 1411, 1413 (1997).
The presupposition underlying the Eleventh Amendment is that the states retain certain attributes of sovereignty and that it would violate the sovereignty retained by the states for the federal courts to exercise jurisdiction over them without their consent. Hans v. Louisiana, 134 U.S. 1, 15 (1890). Sovereign immunity under the Eleventh Amendment is not limited to suits based on diversity of citizenship, but also bars suits against a state by its own citizens (Edelman v. Jordan, 514 U.S. 651, 662-663 (1974)) and suits invoking federal question jurisdiction under Article 3 of the Constitution. Idaho v. Coeur d'Alene Tribe of Idaho, 517 U.S. 44 (1997).
The seminal modern case addressing sovereign immunity is Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996). In Seminole Tribe, the Supreme Court addressed a challenge by the state of Florida to certain provisions of the Indian Gaming Regulatory Act, which Congress had passed pursuant to the Indian Commerce Clause of Article 1 of the Constitution. Seminole Tribe, 517 U.S. at 47. The state of Florida contended that the Indian Gaming Regulatory Act's provisions authorizing a tribe to bring suit in federal court in order to compel performance of the statutory duty imposed upon states to negotiate in good faith with the tribes regarding gaming activities violated the Eleventh Amendment. Id…
https://www.abi.org/abi-journal/whats-left-of-sovereign-immunity-after-katz