Immunity, The Undelegated Fraud: Why Government Cannot Lawfully Exempt Itself from Accountability
Summary:
Immunity: The Undelegated Fraud argues that governmental immunity doctrines — including judicial, prosecutorial, sovereign, qualified, and administrative immunity — lack lawful constitutional foundation because the People never delegated authority for government actors to exempt themselves from accountability under the law. The article contends that accountability is the essential condition of delegated authority and that immunity transforms constitutional government into administrative supremacy by allowing institutions to define the limits of their own power. It concludes that immunity doctrines are void ab initio because they sever the constitutional chain connecting government authority to the sovereign People.
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Executive Summary
Immunity: The Undelegated Fraud: Why Government Cannot Lawfully Exempt Itself from Accountability examines governmental immunity through the framework of constitutional delegation, natural law, common-law maxims, and founding-era political theory. The article argues that under the American constitutional system, all governmental authority originates with the People and is delegated conditionally through the Constitution. Because the Constitution contains no general delegation authorizing government officials to exempt themselves from accountability, modern immunity doctrines constitute undelegated and therefore unlawful assertions of power.
The article maintains that accountability is not merely a procedural safeguard but the defining condition of lawful government itself. Once accountability is removed, delegated authority begins to collapse into institutional self-ratification. The work traces how judicial immunity, prosecutorial immunity, qualified immunity, sovereign immunity, and administrative deference collectively create a system in which governmental institutions increasingly supervise and limit their own accountability. This transformation gradually replaces constitutional government with administrative governance operating through procedural insulation and internally managed authority.
The article further argues that immunity doctrines destroy equality before the law by creating a protected class of public officials insulated from legal consequences unavailable to ordinary citizens. In doing so, immunity converts law from a fixed constitutional restraint into administrative fiat governed by institutional discretion. The work repeatedly emphasizes that rights without enforceable remedies cease to function as meaningful constitutional protections.
The article concludes that immunity doctrines are void ab initio because no branch of government may lawfully assume powers never delegated by the People. Restoration of constitutional order therefore requires the restoration of full governmental accountability under law, reaffirming that sovereignty remains with the People and that all public authority must remain continuously subordinate to enforceable constitutional limitations.
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