The government’s immunity has subsequently been eroded by the courts, by
statute, and by the Constitution itself, which guarantees certain enforceable
rights to the individual. Still, there are recognized grounds for preserving
immunity, at least in some circumstances. First, the Eleventh Amendment
maintains certain immunities for states. Second, governmental decision makers
should not be influenced by fear of private tort litigation. Last, it seems illogical
for a claim to be brought against the very authority that created that claim.
The modern application of sovereign immunity prevents the federal and state
governments from being sued without their consent, not because “the
government can do no wrong,” but because of the need to protect the public
treasury and to protect governmental decision makers from being influenced
by the threat of private lawsuits. "The government as representative of the
community as a whole, cannot be stopped in its tracks by any plaintiff who
presents a disputed question of property or contract right." Larson v. Domestic
and Foreign Commerce Corp., 337 U.S. 682, 704 (1949).