united-states criminal-law
Can a US state be charged with a crime in federal court?
<p>Like the title asks: I know that US states (and their agencies) can be sued by the United States in federal court (this is an exception to their normal sovereign immunity). Does this exception extend to criminal charges? If a state or a state agency does something which would result in criminal charges against a private corporation, could the United States bring charges against the state?</p>

<p>Citations would be nice, especially if there have actually been cases involving this.</p>

<p>No, each state is a "sovereign" and whenever a statute describes a crime it is always some act committed by a "person" and these two categories are mutually exclusive. </p>

<p>See, for example, US Supreme Court in U.S. v. United Mine Workers of America, 330 U.S. 258, 67 SCt 677 (1947): 
"In common usage, the term `person' does not include the sovereign and statutes employing it will ordinarily not be construed to do so."</p>

<p>Repeated by US Supreme Court in Wilson v. Omaha Indian Tribe 442 US 653, 667 (1979): "In common usage, the term 'person' does not include the sovereign, and statutes employing the word are ordinarily construed to exclude it." </p>

<p><a href="https://en.wikipedia.org/wiki/Sovereign_immunity_in_the_United_States#State_sovereign_immunity_in_federal_courts" rel="nofollow">Sovereign Immunity</a> (listed because it includes cases regarding it and exceptions) generally means that the federal government can really only sue the states over constitutional issues. Private suits--such as those brought on by a company or if the state/state agency wronged you--can go into federal courts to sue the state or, if the state has an insurer for damages, you can sue the insurer.</p>

<p><a href="http://www.alllaw.com/articles/nolo/personal-injury/rules-lawsuit-against-city-county-state.html" rel="nofollow">Some details</a> for if you want to sue a city/state/county.</p>

<p><em>Alden v. Maine</em> involved individuals suing states in federal courts for damages. It ruled that the Supremacy Clause (that federal law trumps state laws that violate it) applies when the Congress is enforcing laws in pursuant to the 14th amendment.</p>

<p><em>Armstrong v. Exception Child Center</em> ruled that individuals cannot sue a state over federal law violations. It argued that the cannot enforce federal law and such an action is at the discretion of the congress under the Supremacy clause.</p>
