Constitutional Law: Intersovereign Litigation

Question 1

Suits by the United States against a state

Answer 1

The US may sue a state without its consent.

Question 2

Suits by State against united states - United States must consent

Answer 2

Public policy forbids a state from suing the US without its consent. Congress can pass legislation that permits the US to be sued by a state in given situations.

Question 3

Federal Officer as Defendant - (1) Limitation

Answer 3

suits against a federal officer are deemed to be brought against the US itself if the judgement sought would be satisfied out of the public treasury or would interfere with public administration and, therefore, are not permitted.

Question 4

Federal Officer as Defendant - (2) Specific Relief Against the Individual Officer

Answer 4

specific relief against an officer as an individual will be granted if the officer acted ultra vires:

(a) beyond his statutory powers; or
(b) the valid power was exercised in an unconstitutional manner.

Question 5

Suits by one state against another

Answer 5

one state may sue another state without the latter’s consent. The Supreme Court has exclusive original jurisdiction.

Question 6

Can the US sue states without their consent?

Answer 6

Yes.

Question 7

Can states sue the US without its consent?

Answer 7

No.

Question 8

What are the two exceptions that allow a plaintiff to recover against an individual federal officer?

Answer 8

1. if the officer acted beyond his statutory powers or

2. if the officer exercised his valid powers in an unconstitutional manner