11th Amendment

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Information about 11th Amendment

Published on March 10, 2008

Author: guesta75802

Source: slideshare.net

   Immunity to the States… But from what? Or should it be, from who? -by Cameron Strong

Dawning the Amendment In the new American year of 1792, trouble starts to slowly brew. Alexander Chisholm gave supplies and so much more while America was stricken down during the Revolutionary War. He felt cheated on and slapped to oblivion after the state decided not to pay him. So he took the terrible state to court so that he can put such a mess back into sort. Thus the birth of United States first Supreme Court case but such a big thing should not be taken in haste! Okay no more rhyming!

In the new American year of 1792, trouble starts to slowly brew. Alexander Chisholm gave supplies and so much more while America was stricken down during the Revolutionary War. He felt cheated on and slapped to oblivion after the state decided not to pay him. So he took the terrible state to court so that he can put such a mess back into sort. Thus the birth of United States first Supreme Court case but such a big thing should not be taken in haste!

Okay no more rhyming!

To the court. 1792 was the beginning of Georgia Vs. Chisholm The state of Georgia was at an absent during the hearing because of its recognition as a “sovereign state” Edmund Randolph, attorney general for Chisholm, Argued that article III, Section II allows him to be there at the court Article III section II states that: grant of federal jurisdiction over suits "between a State and Citizens of another State” abrogated the States' sovereign immunity recognized at common law, thus allowing a private individual to hale a State into federal court. The court’s ruled in favor of Chisholm as a result to the case, the 11 amendment was born. Edmund Rudolph

1792 was the beginning of Georgia Vs. Chisholm

The state of Georgia was at an absent during the hearing because of its recognition as a “sovereign state”

Edmund Randolph, attorney general for Chisholm, Argued that article III, Section II allows him to be there at the court

Article III section II states that:

grant of federal jurisdiction over suits "between a State and Citizens of another State” abrogated the States' sovereign immunity recognized at common law, thus allowing a private individual to hale a State into federal court.

The court’s ruled in favor of Chisholm

as a result to the case, the 11 amendment was born.

The 11th, as it is. The Eleventh Amendment states that: “ 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.” In other words, it says that States are immune to be taken to a federal court of a lawsuit by any citizen, or citizen or subject to any foreign state.

The Eleventh Amendment states that:

“ 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.”

In other words, it says that States are immune to be taken to a federal court of a lawsuit by any citizen, or citizen or subject to any foreign state.

The 11th, rough around the edges Stated by Justice Kennedy “Sovereign immunity derives not from the Eleventh Amendment but from the structure of the original Constitution itself.…” meaning that states surrendered sovereign immunity when they ratified the constitution

Stated by Justice Kennedy “Sovereign immunity derives not from the Eleventh Amendment but from the structure of the original Constitution itself.…”

meaning that states surrendered sovereign immunity when they ratified the constitution

Still rough around the edges... Though it may seem that it is IMPOSSIBLE to sue a state no matter how hard I try it really isn’t one can sue a state simply by appointing to the congress whether or not your case is justifiable to send to court… this idea was set in 1976 case Fitzpatrick V. Bitzer. This was sought out using the 14th amendment as its basis.

Though it may seem that it is IMPOSSIBLE to sue a state no matter how hard I try it really isn’t

one can sue a state simply by appointing to the congress whether or not your case is justifiable to send to court…

this idea was set in 1976 case Fitzpatrick V. Bitzer.

This was sought out using the 14th amendment as its basis.

In a “nuts” shell Chisholm goes to court v. Georgia Chisholm wins but they don’t like him so they made it an amendment so that you couldn’t file a lawsuit against the States They didn’t like that idea so they decided to let Congress choose whether it should be taken into federal court or not.

Chisholm goes to court v. Georgia

Chisholm wins but they don’t like him so they made it an amendment so that you couldn’t file a lawsuit against the States

They didn’t like that idea so they decided to let Congress choose whether it should be taken into federal court or not.

Cameron, you know better than not remembering to cite your work! Internet. Justice Kennedy, March 1st 2008 Associate Justice, from Wikipedia database Congressional research Service 2000 Library of congress Cornell University Law School CRS Annotated Constitution Mount, Steve. Constitutional Topic: Martial Law. 3 Dec 2001 The U.S Constitution Online

Internet.

Justice Kennedy, March 1st 2008 Associate Justice, from Wikipedia database

Congressional research Service 2000 Library of congress Cornell University Law School CRS Annotated Constitution

Mount, Steve. Constitutional Topic: Martial Law. 3 Dec 2001 The U.S Constitution Online

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