The Federal Tort Claims Act

THE ancient principle of sovereign immunity from suit, long abandoned by the United States in the field of contract, has been further undermined by passage of the Federal Tort Claims Act,' which grants to the federal courts jurisdiction over actions against the Government for the negligence of its employees. The doctrine of immunity, inherited by this country from eighteenth century English law, has been frequently attacked as an anachronism unsuited to democratic society because of the unfairness to individuals with just claims against the Government. More pragmatically, the correlative system of private claim bills, primary channel through which relief has been afforded to injured parties, has been denounced for usurpation of Congressional energies which might otherwise be devoted to consideration of important national problems. 2 The first response of Congress to these pressures was the establishment of the Court of Claims in 1855, with jurisdiction over claims against the United States founded upon any law of Congress or upon any contract, express or implied.3 In 1887 the Tucker Act 4 granted concurrent jurisdiction to the federal district courts in cases involving not more than $10,000. Although it was argued that the statutes did not require such a construction, the Supreme Court entirely excluded tort claims from the grants of jurisdiction.5