Cecily Zamora
In the United States, the people's ability to file a lawsuit against Congress is limited by the principle of sovereign immunity, which generally prevents citizens from suing their government. However, there have been instances where Congress has been subject to legal action, such as in the case of Congress Elementary School District v. Warren, et. al., where a school district filed a lawsuit against four women. Additionally, individuals have filed strategic lawsuits against public participation (SLAPP), such as the case of Republican US Representative Devin Nunes, who sued Twitter and various media organizations for defamation. While the principle of sovereign immunity provides protection to Congress from legal action by citizens, there may be exceptions or specific circumstances where legal action can be pursued.
| Characteristics | Values |
|---|---|
| Can people sue Congress? | Yes, but only in cases where Congress has waived sovereign immunity. |
| Can individual members of Congress be sued? | No, the Constitution grants them immunity from any form of punishment for legislative actions. |
| Can Congress be sued as a body? | No, it is not a natural person, a corporation, or a government. |
| Can Congress be sued under the FTCA? | No, the FTCA is about suing the United States as a whole, not a specific legislative organ. |
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What You'll Learn
Suing the United States as a whole
In the United States, the federal government has sovereign immunity and may not be sued unless it has waived its immunity or consented to the suit. This principle of sovereign immunity was inherited from the English common law legal maxim "rex non potest peccare", which translates to "the king can do no wrong". Sovereign immunity applies to acts that, if challenged, would significantly affect government operations, such as core legislative acts.
The Foreign Sovereign Immunities Act (FSIA) of 1976 establishes the limitations on suing a foreign sovereign nation in US courts. It also outlines procedures for service of process and attachment of property for proceedings against a foreign state. The FSIA, however, does not apply to counties and municipalities, which are not entitled to sovereign immunity.
While the United States as a whole enjoys sovereign immunity, there have been lawsuits against officers, agencies, or corporations of the United States where the country has not been named as a defendant. For example, in a suit against the Secretary of the Treasury to review a decision on duty rates for imported sugar, the United States was not named as a defendant, but the suit would have disturbed the government's revenue system and was thus considered a suit against the country.
In terms of the right of the United States to sue, Justice Story noted that while "an express power is nowhere given in the constitution," the right to sue in its own courts "is clearly implied in that part respecting the judicial power." The Supreme Court has ruled that the United States can sue in its own name in contract cases without requiring congressional authorization.
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Sovereign immunity
In the United States, sovereign immunity is derived from British common law and typically applies to both the federal government and state governments, but not to municipalities. The Eleventh Amendment clarifies that "the Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State". This means that a citizen of one state cannot sue another state. However, the federal government can waive its sovereign immunity in whole or in part, as it did with the Federal Tort Claims Act.
There have been several cases in the United States where the doctrine of sovereign immunity has been invoked or discussed. For example, in United States v. Clarke, Chief Justice John Marshall stated that as the United States is not suable of common right, any suit against it must fall within the authority of an act of Congress for a court to have jurisdiction. In another case, Thacker v. Tennessee Valley Authority (2019), the Court rejected a separation of powers challenge to a statute that waived the immunity of a government-owned corporation.
While it is not common, there have been instances of citizens attempting to bring lawsuits against Congress. For example, there have been petitions on Change.org calling for legal action against Congress for failing to pass a budget, with citizens claiming that Congress is reckless and negligent in doing their job, and putting the sovereignty of the United States at risk. These petitions call for citizens to join a class-action lawsuit against Congress, alleging that elected public servants are prioritizing their political agendas over the welfare of the people and violating their fiduciary duties to the American people.
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Suing individual members of Congress
In the United States, the concept of sovereign immunity protects the government from lawsuits. Sovereign immunity is a common-law practice that applies to federal, state, municipal, and tribal governments. However, this immunity can be waived in certain cases, and some governments have passed laws allowing lawsuits in narrowly defined areas.
While it may be possible to sue the United States in cases where Congress has waived sovereign immunity, the judiciary is typically reluctant to accept such suits. There are, however, new doctrines under certain trade deals that allow a country to be sued if its legislation negatively affects a business.
In the case of individual members of Congress, there have been instances where legal action has been proposed or initiated against them. For example, in 2012, a petition on Change.org called for a class-action lawsuit against the United States Congress for failing to pass a budget, citing a breach of fiduciary duty and negligence in performing their duties. The petitioners believed that Congress had violated their Oath of Office and the United States Constitution.
Additionally, there have been instances where members of Congress have considered legal action against a sitting president. For example, during the Trump administration, members of Congress argued that they were denied their constitutionally promised right to vote on the issue of emoluments. They sought court intervention to force the president to disclose his emoluments, but it is unclear if the court decided in their favor.
It is important to note that for individuals or businesses to sue members of Congress, they typically need to allege specific damage rather than broader constitutional violations. The courts may also consider whether the suit is truly against the sovereign, as lawsuits against employees in their official capacity may be barred by sovereign immunity.
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Congress's Oath of Office
The concept of a lawsuit against Congress by the people of the United States is not an unfamiliar one. In 2012, a petition on Change.org called for a class-action lawsuit against the United States Congress for "failing to pass a budget", citing concerns about national security and financial security. The petitioners believed that Congress had violated their Oath of Office and fiduciary duties by not passing a budget. This highlights a perception among some Americans that Congress is acting recklessly and negligently, prioritising political agendas over the welfare of the people.
The Oath of Office is a critical aspect of the responsibilities undertaken by federal workers, including Congress members. The purpose of the Oath is to remind these officials that their allegiance is not to any individual, agency, or political faction, but to the Constitution of the United States. This oath is taken by federal employees, Representatives, Senators, judges, political appointees, and the President and Vice President. The specific wording of the oath, as prescribed by the First Congress (1789-1791), is: "I, [name], do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States." The current version of the oath, which has been in use since 1966, is outlined in Title 5, Section 3331 of the United States Code.
The inclusion of the Oath of Office in the Constitution was a deliberate decision by the framers, who recognised its importance in holding public servants accountable to the people. The oath serves as a reminder that these individuals are servants of the people and are bound by their duty to defend and uphold the Constitution. This is particularly significant in a democratic society, where the actions and decisions of elected officials can have a profound impact on the lives of citizens.
While the Oath of Office provides a foundational framework for the duties of federal workers, it does not remove all ambiguity. Federal workers may still face complex situations where it is challenging to determine the right course of action. Nonetheless, the oath stands as a symbol of the commitment made by these individuals to uphold the principles enshrined in the Constitution and act in the best interests of the nation.
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Congress's breach of Fiduciary Duty
The relationship between public officials and the public has been described by scholars as fiduciary in nature. A fiduciary is someone who has wide access to power over beneficiary resources and assets and is therefore under rigorous obligations that ensure compliance with their role responsibilities. Public officials have a duty to represent all of their constituents fairly and put the public's interest before their own. They must also be good stewards of the public treasury, use due diligence in the selection and supervision of staff, follow the rules, and uphold the constitution and laws of the jurisdiction.
Congress, as public officials, are therefore bound by these fiduciary duties. However, there are several instances where members of the public have accused Congress of breaching their fiduciary duties. For example, in 2012, a petition was created calling for a class-action lawsuit against the United States Congress for failing to pass a budget. The petitioners argued that Congress had violated the United States Constitution, which states that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law". By failing to pass a budget, Congress had allegedly put the financial security and national security of the country at risk.
In another case, Congress filed a cross-action against a Fiduciary, claiming that they had secretly profited from their relationship with Congress. Congress identified several ways in which Fiduciary had allegedly breached their duties, including failing to disclose the amounts they were charging for web development and their lack of necessary experience. The trial court found in favor of Congress on the breach of contract claim and awarded them $2.2 million.
These examples demonstrate that Congress, as public officials, are subject to fiduciary duties and can be held accountable for breaching those duties. While it may be challenging to monitor and enforce these duties, legal actions such as citizen lawsuits can be an important tool for ensuring that Congress upholds its obligations to the public.
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Frequently asked questions
In the United States, Congress enjoys sovereign immunity, which means that in general, people cannot sue their government. However, Congress can be sued in cases where it has waived sovereign immunity. Additionally, some new doctrines under trade deals allow countries to be sued if legislation negatively affects businesses.
An example is the case of Congress Elementary School District v. Warren et. al. filed on January 28, 2010, where the Congress Elementary School District filed a lawsuit to prevent four women from filing public records requests or future lawsuits without a judge's permission.
Yes, people can file lawsuits against individual members of Congress. For example, Devin Nunes, a Republican US Representative from California, has filed defamation lawsuits against Twitter, various media organizations, and individuals.
