Sovereign Immunity
The US government claims "Sovereign Immunity" against a class-action lawsuit of Viequenses which claims the military is responsible for health problems on the island.
A class action lawsuit has been initiated by 7,000 Vieques residents against the United States concerning the alleged long-term negative health effects of the Navy's sixty years on the island. In response, the US government has claimed "Sovereign Immunity," an outdated legal doctrine that undermines the foundations of justice in a democratic system.
The term "Sovereign Immunity" simply means "above the law." It is an archaic term dating back to the times of absolute monarchs- kings, queens and high priests, who were also known as "sovereigns." There are few remaining monarchies in our time, but the concept of sovereign immunity survives.
According to US law, the government can commit no wrong, and may only be sued at its discretion. In the case of Vieques residents suing for damages believed to be caused by sixty years of military actions, the government has claimed sovereign immunity. Thousands of US citizens have therefore been denied a fair trial by the same authority that administers justice.
When a government declares itself immune to its own laws, it is not only the citizenry that suffers. That government's strength is diminished, its laws lose validity as justice is subject to the arbitrary whims of the judiciary. This could be expected in a dictatorship or medieval monarchy, but not in a modern democracy founded on ideals of freedom and justice.
"...A government of laws, and not of men." - John Adams
Was the Navy and the US government responsible for contaminating the island and destroying the lives of thousands as a consequence? We will not have answers until a fair trial is given to the people of Vieques by the sovereign government, modern monarchs that now rule the island.
"Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state." - Plato
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