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by hfkajshfaks 2563 days ago
It's sovereign immunity. Any state agency can do whatever it wants and claim immunity unless the Feds get involved. The Feds can do whatever they want full stop.

The only constraint is that the state can allow itself to be sued, and therefore you have some recourse that way.

2 comments

And whatever constraints the courts interpret the constitutions as imposing on the state.
Kinda of.

The courts are generated, and therefore subject to, the executive. It's easy to see how an executive could stack a court (a la Roosevelt). Or simply denying the courts the ability to enforce their rulings and doing whatever (Jackson).

Its shocking and depressing that so few Americans are aware of this.