From: Jim Choate <ravage@ssz.com>
Date: Tue, 30 Dec 1997 00:11:05 +0800
To: cypherpunks@ssz.com (Cypherpunks Distributed Remailer)
Subject: Re: Right to sue multiple states... (fwd)
Message-ID: <199712291630.KAA02022@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text



Forwarded message:

> From: "William H. Geiger III" <whgiii@invweb.net>
> Date: Mon, 29 Dec 97 09:39:29 -0600
> Subject: Re: Right to sue multiple states...

> >Clearly my suing say the govenor and legislature of each of the 50 states
> >qualifies as a case involving citizens of different states and therefore
> >there is clearly a right to sue multiple states at the federal level and
> >falls under the responsibility of the Supreme Court.
> 
> Good point execpt are we talking of suing a States' governemnt for damages
> or are we talking of suing individules, who happen to be part of a State's
> government, for damages?

We are talking about suing an individual for their actions in their official
capacity. People sign bills not offices. People commit crimes, offices
can't.

> I think that it is universal that one is
> precluded from suing a memeber of government for carying out the duties of
> office (ie: you can't sue the Governor of Texas for passing a law you
> don't like while you can sue the govenor if hits your car going down the
> road).

I can find nothing in the Constitution that prohibits this, and since the
10th limits the feds authority by extension it is permissible.

 --------------------------------------------------------------------------

			       ARTICLE III. 
 
 
Section 1.  The judicial Power of the United States, shall be invested 
in one supreme Court, and in such inferior Courts as the Congress may from 
time to time ordain and establish.

Section 2.  The judicial Power shall extend to all Cases, in Law and Equity, 
arising under this Constitution, the Laws of the United States, and Treaties 
made, or which shall be made, under their Authority; -- to all Cases affecting 
Ambassadors, other public Ministers and Consuls;

	In all Cases, affecting Ambassadors, other public Ministers and 
Consuls, and those in which a State shall be Party, the supreme Court shall 
have original Jurisdiction.

	The Trial of all Crimes, except in Cases of Impeachment, shall be 
by Jury; and such Trial shall be held in the State where the said Crimes 
shall have been committed; but when not committed within any State, the Trial 
shall be at such Place or Places as the Congress may by Law have directed. 

 ------------------------------------------------------------------------

Clearly the Constitution allows charges against individuals for their actions
while in office. Otherwise how would anyone be impeached?

The person holding an office is responsible for all actions of that office
and are in fact *personaly* responsible for those actions.


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