Saturday, March 15, 2014

11th Amendment (Amendment to Article 3)

11th Amendment: Passed March 4, 1794, ratified Feb 7, 1795

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.


Can not sue state

Federal courts can not hear lawsuits against any state's government  brought by citizens of another state or foreign country.

Exceptions:
  •  Political subdivisions (counties, cities, or municipalities) can be sued by Federal Judicial branch.
  • If a state is in violation of a Federal law citizens can sue state based on injunction relief only.
  • States can waive their Soverign Immunity.
  • 14th Amendment, Due Process Clause can be used to sue states in Federal court.
Case:

Chisholm V. Georgia 1793

Gave states immunity to Article 3 to sue states.

Chisholm sued Georgia regarding a supposed debt. But, Georgia disagreed that the U.S. Supreme Court does not have jurisdiction over the case. The state of Georgia says that the federal government does not have sovereignty over state governments.


This is a funny image depicting how easy it is to point fingers, although it will not be easy to Sue the State. 
In this case 7 latin American Nations push to Join Mexico in an Arizona Case. Ambassator John Bolton is the main speaker. This issue of Mexico trying to stop the Arizona law from taking effect had a wide spread controversy over how this issue undermined the 11th Amendment.




For more information visit:
 http://constitution.laws.com/american-history/constitution/constitutional-amendments/eleventh-amendment#sthash.FvxKCtt2.dpuf

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