Final answer:
The state has limited sovereign immunity under the U.S. Constitution, with various articles and amendments, such as Article I, Sections 9 and 10, and the Bill of Rights, imposing constraints on both federal and state governments to protect personal liberties.
Step-by-step explanation:
The concept of sovereign immunity refers to the doctrine that the state or a sovereign power cannot commit a legal wrong and is immune from civil suit or criminal prosecution. In the context of the United States, the state has limited sovereign immunity. The Constitution and various amendments provide a framework for this immunity, as well as clear restrictions on government authority to ensure the protection of personal liberties.
According to Article I, Section 9, the government cannot suspend the writ of habeas corpus, pass a bill of attainder or enact an ex post facto law. Furthermore, Figure 4.10.2 of the Constitution declares that no state shall abridge the privileges or immunities of citizens, nor deprive any person of life, liberty, or property without due process of law. The supremacy clause in Article VI establishes the Constitution and federal law as the supreme law of the land, clearly indicating that states, while retaining some level of sovereignty, are not absolutely immune as they must comply with the U.S. Constitution and federal law.
Moreover, the Bill of Rights and additional amendments such as the Fourteenth Amendment lay out protections against government encroachments on personal freedoms. Specifically, the privileges or immunities clause has been subject to interpretation over time, but it serves as a basis to affirm rights that must be respected by the states, thus limiting state sovereignty. Legal cases such as Saenz v. Roe and McDonald v. Chicago reflect the ongoing interpretation and enforcement of these constitutional provisions.
In conclusion, state sovereign immunity is limited by the overarching principles of federalism and the constitutional framework that places checks on government power. This ensures that liberty and personal freedoms are secured, thereby limiting both state and national government powers.