Introduction
This is not presented as an ordinary tort suit. It is presented as a constitutional accountability theory aimed at a specific barrier: the idea that the federal government may decide for itself when the people may sue it. On this view, that premise is backwards. The people are the source of public power. Courts exist within a constitutional system established by the people. A statute cannot convert that source relationship into a requirement that the sovereign obtain permission from its own agent.
The theory therefore challenges the Federal Tort Claims Act not because every line of it is void in every context, but because its consent requirement, exceptions, and gatekeeping function are argued to be nonbinding when invoked against the sovereign people acting collectively to address systemic public harm.