We Can Sue the Government, Right?

Governments derive powers from “the consent of the governed.” Don’t they? In one of the earliest constitutional cases, the Supreme Court seemed to say so. But the Eleventh Amendment threw a wrench in it all, making it exceptionally difficult for us to hold the government accountable in the courts when it violates our rights. In Episode 3, Georgetown Law Professor Randy Barnett, NYT columnist and author Jesse Wegman, and Cato Institute Senior Vice President for Legal Studies Clark Neily discuss Chisholm v. Georgia.