What is sovereign immunity law?
Asked by: Prof. Issac Greenholt | Last update: February 17, 2026Score: 4.9/5 (16 votes)
Sovereign immunity is a legal principle, from English common law, that shields a government (federal, state, or tribal) from being sued in its own courts without its consent, based on the idea that "the King can do no wrong". While governments traditionally held near-absolute immunity, modern laws like the Federal Tort Claims Act (FTCA) have waived it for certain actions, allowing suits for government negligence (e.g., in car accidents or property issues) but typically not for discretionary governmental functions.
What is sovereign immunity in simple terms?
Sovereign immunity is a common law doctrine under which a sovereign (e.g., a federal or state government) cannot be sued without its consent. Sovereign immunity in the United States was derived from the British common law, which was based on the idea that the King could do no wrong.
Has a sovereign citizen ever won in court?
No, sovereign citizens almost never win in court on the merits of their arguments, as their pseudo-legal theories (like being exempt from laws) are consistently rejected by judges as nonsensical and without legal basis, though they can create significant procedural delays and disrupt court proceedings through "paper terrorism" (frivolous filings) and disruptive behavior, sometimes leading to dismissals due to prosecutorial or judicial exhaustion, but not because their ideology is valid.
Does the president have sovereign immunity?
However, the Supreme Court of the United States ruled in Trump v. United States (2024) that all presidents have absolute criminal immunity for official acts under core constitutional powers, presumptive immunity for other official acts, and no immunity for unofficial acts.
How to become a sovereign citizen in the United States?
To declare one's status as a sovereign citizen, an individual usually takes specific steps to renounce his/her US citizenship. Once these steps have been completed, sovereign citizens believe they will be exempt from USG laws and taxes. documents with the SOS office declaring his/her sovereignty.
What is Sovereign Immunity? [legal terminology explained]
Do sovereign citizens have to have a driver's license?
1. Refusing to Show a Driver's License. Sovereign citizens commonly refuse to present a valid driver's license when pulled over, claiming they are not required to under “common law” or because they are “traveling,” not driving.
What are the 4 rules of sovereignty?
While there isn't one universal set of "4 rules," sovereignty generally hinges on four core principles: defined territory, permanent population, government, and capacity for international relations (independence), often summarized as having ultimate authority within borders (internal) and recognized autonomy (external). Key aspects include supreme lawmaking power, independence from foreign control, and international recognition.
What immunity did Trump get?
On July 1, 2024, the Court ruled in a 6–3 decision that presidents have absolute immunity for acts committed as president within their core constitutional purview, at least presumptive immunity for official acts within the outer perimeter of their official responsibility, and no immunity for unofficial acts.
Can the president overturn a Supreme Court ruling?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Can a sitting president be charged with a crime?
While the Constitution doesn't explicitly forbid it, official Justice Department policy and legal consensus suggest a sitting President is immune from criminal indictment or prosecution to prevent paralyzing the executive branch, though they can be impeached by Congress for "Treason, Bribery, or other high Crimes and Misdemeanors" and removed from office, after which they can face criminal charges. Recent Supreme Court rulings have granted broad immunity for official acts, but not unofficial ones, leaving the question of a sitting president's criminal accountability largely unresolved in practice, with impeachment being the primary mechanism for addressing presidential misconduct.
Why do sovereign citizens say they are not driving?
Sovereign citizens say they are "traveling," not "driving," because they falsely believe that operating a private vehicle is an inherent constitutional right, while "driving" (operating for commercial purposes) requires licenses and registration, which they refuse to get to avoid contracting with the government. This stems from their pseudolegal belief that traffic laws only apply to commercial activity, not personal movement, allowing them to claim exemption from licenses, registration, and insurance.
Do sovereign citizens pay federal taxes?
Yes, sovereign citizens absolutely have to pay federal taxes, as their beliefs that they are exempt are based on frivolous, pseudo-legal arguments that courts have consistently rejected, leading to serious IRS enforcement, penalties, and even prison time for non-compliance. The IRS and federal courts confirm that all U.S. citizens and residents are subject to federal income tax, regardless of claims about being citizens of a "sovereign state" or not being a "person" under the Internal Revenue Code.
Can the president change the number of Supreme Court justices?
No, the President cannot directly change the number of Supreme Court Justices; only Congress has that power by passing a law, but the President must sign that law for it to take effect, meaning both branches must agree, as seen with the Judiciary Act of 1869 fixing the number at nine. While presidents appoint justices, they can only fill existing vacancies or new ones Congress creates, as the Constitution doesn't set the court's size, allowing Congress to adjust it as a legislative check.
Is there a way around sovereign immunity?
The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party.
What are the criticisms of sovereign immunity?
Sovereign immunity is inconsistent with fundamental constitutional requirements such as the supremacy of the Constitution and due process of law. This article concludes that sovereign immunity, for government at all levels, should be eliminated by the Supreme Court.
What does waiving sovereign immunity mean?
A "waiver of sovereign immunity" clause is a contractual provision where a sovereign entity agrees to relinquish its legal protections against being sued, allowing it to be held accountable in a court of law, like any non-sovereign party.
Can a US president fire a Supreme Court judge?
No, a U.S. President cannot fire a Supreme Court Justice; they serve for life ("during good behavior") and can only be removed through the impeachment process by Congress (House impeaches, Senate convicts) for serious misconduct, ensuring judicial independence from political pressure.
What is the President not allowed to do?
A PRESIDENT CANNOT . . .
declare war. decide how federal money will be spent. interpret laws. choose Cabinet members or Supreme Court Justices without Senate approval.
Has any president ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
Who has absolute immunity in the US?
In the U.S., absolute immunity protects specific government officials for core functions, including judges (for judicial acts), prosecutors (for prosecutorial acts like courtroom advocacy and evidence presentation), legislators (during legislative proceedings), witnesses (when testifying), and the President (for certain "official acts" within their "exclusive constitutional authority"). This immunity is a complete shield from civil or criminal liability for those specific actions, though not for administrative or unofficial conduct.
Can a President pardon themselves?
O.L.C. Supp. 370, 370 (1974) (opining during the Nixon Administration that a President may not pardon himself based on the fundamental rule that no one may be a judge in his own case ).
What happens if a President violates the Constitution?
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. The Federalist No. 65 (Alexander Hamilton); Peter Hoffer & N.E.H. Hull, Impeachment in America, 1635–1805 59–95 (1984).
Do sovereign citizens pay taxes?
No, sovereign citizens generally refuse to pay taxes, believing they are not subject to U.S. federal or state laws, viewing themselves as separate from the government and governed only by their interpretation of "common law". This belief leads to actions like not paying income taxes, obtaining licenses, or registering vehicles, but these claims are consistently rejected by courts, and the IRS pursues tax evasion cases against them.
What is a violation of sovereignty?
An infringement upon the affected State's territorial integrity, or an interference with or usurpation of inherently governmental functions of the affected State, would be a violation of territorial sovereignty."
Who is the owner of sovereignty?
Sovereignty is owned by Godolphin, the thoroughbred stables whose proprietor is Sheikh Mohammed bin Rashid Al Maktoum, the Emir of Dubai. Sovereignty's sire is Into Mischief, a Grade I winner at the age of two who has been North America's leading sire by purse winnings in multiple years since 2018.