Against sovereign immunity

In recent years, the Supreme Court has substantially expanded the scope of state sovereign immunity. These decisions provide an important occasion for a reconsideration of the entire doctrine of sovereign immunity. This artic le argues that sovereign immunity is an anachronistic concept, derived from long-discredited royal prerogatives, and that it is inconsistent with basi c principles of the American legal system. Sovereign immunity is justified neither by history nor, more importantly, by functional considerations. Sov ereign immunity is inconsistent with fundamental constitutional requirement s such as the supremacy of the Constitution and due process of law. This ar ticle concludes that sovereign immunity, gor government at all levels, shou ld be eliminated by the Supreme Court.