Also known as:imperia · command power · sovereignty
Written by attorneys · grounded in primary & secondary sources — see below
A Roman-law concept of governmental power or dominion under which superior magistrates held authority to command military forces and to impose corporal punishment including the power of life and death. The concept later distinguished bare executive force from mixed civil and criminal authority.
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Cases
Restatements
Hornbooks
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How it applies
Common Examples
6
State Voting Regulation Challenged
Iris Irons, a state election official, directed local boards to adopt new voter identification rules without seeking federal approval. Federal authorities sued claiming the rules violated equal sovereignty principles because they applied only to states selected by an outdated formula. The court held that the state's regulatory authority over election procedures lacked the extraordinary justification required when Congress singles out some states for special oversight.
Official Immunity From Defamation Suit
Ismael Ibrahim, a city police chief, issued a press release accusing a newspaper of reckless reporting on department misconduct. The newspaper sued for libel. The court ruled that the chief's executive communications about public safety were shielded from liability absent proof of actual malice.
Ike Ingram, a federal bank cashier, refused to pay a state tax on notes issued by the bank. State officers attempted to seize the bank's assets. The court held that the state's attempted taxation of federal instrumentalities exceeded its authority under the Constitution.
McCulloch v. Maryland17 U.S. (4 Wheat.) 316 (1819)
State Officer Suit For Injunction
Ines Ibarra, a state utility regulator, ordered a company to lower rates in violation of federal law. The company sought an injunction against her. The court permitted the suit because the regulator's order could be challenged prospectively without implicating state sovereign immunity.
Ex parte Young209 U.S. 123 (1908)
Legislative District Challenge
Idris Ives, a voter, sued state officials alleging that legislative districts diluted his vote. The officials claimed the matter was a political question beyond judicial reach. The court held that the state's districting remained subject to judicial review under equal protection principles.
Baker v. Carr369 U.S. 186, 211
Coastal Permit Condition Dispute
Isabella Ingram, a beachfront property owner, sought a building permit from the coastal commission. The commission demanded she grant a public access easement across her land. The court ruled that the commission's permit condition constituted an unconstitutional taking without just compensation.
Nollan v. California Coastal Commission483 U.S. 825, 834 (1987)
Common questions
Frequently Asked
1
How does imperium differ from dominium in state regulatory disputes?+
Imperium refers to governmental regulatory power while dominium refers to ownership. Courts have used the distinction to limit states from claiming ownership-based privileges when exercising only regulatory authority over resources such as fish and game.
376 U.S. 254 (1964)Remedies
…premise was that the Constitution created a form of government under which "The people, not the government, possess the absolute sovereignty." The structure of the government dispersed power in reflection of the people's distrust of concentrated power, and of power itself at all levels. This form of government was "altogether…