Seminole Tribe, Alden, and the Headless Fourth Branch

[Michael McConnell]

Operating within the theory underlying the doctrine of constitutional
sovereign immunity, is the Court correct to allow suits by federal
agencies/officials? Why? Is there any reason to think that the
original constitutional compact constituted a waiver of sovereign
immunity vis-a-vis these suits, but not others? And how about
quasi-suits in federal agencies?


-- Michael McConnell (U of Utah)