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Let's Discuss The 11th Amendment?

How much do you know about the 11th amendment to the U.S. Constitution?

11th Amendment
Amendment XI

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.

Read with me.
Let's start here to identify why the 11th amendment was needed. Let's discuss the before and after. What lead up to a call to amend? What were the expectations? What were the results?

I'm really curious about the 11th amendment. The subject is ignored when I bring it up. I can only assume none of us know anything about it.

Those who do owe it to the community to share their knowledge.

Knowledge is free.

Posted by Weary_Willie at July 16, 2017 1:32 AM
Comment #418253

The 11th amendment is much like the 16th amendment. They both contradict the original wording of the constitution.
The body of the constitution says:
Article III, Section 2, Clause 1

The judicial Power shall extend to all Cases,..

The 11th amendment uses the phrase :

The judicial power of the United States shall not be construed to extend ….

The use of the word is contradictory.
The same goes for the 16th amendment.

The original text of the constitution defines a funding mechanism for the federal government.

The 16th amendment contradicts the original text of the constitution and holds the individual and families responsible.

Did the 11th amendment pave the way for the 16th and 17th amendments? How can we ask that question when we know nothing about the 11th amendment?

Posted by: Weary Willie at July 16, 2017 4:12 AM
Comment #418322

What was the original function of the Supreme Court?

Hmmm. Let us play.

Look for dates. Look for date clusters.

Posted by: Weary Willie at July 17, 2017 11:04 PM
Comment #418323

Here’s a reputable source?

Posted by: Weary Willie at July 17, 2017 11:06 PM
Comment #418324

What was it that convinced the founders to amend the constitution so quickly after it’s original adoption of the Bill of Rights, our first 10 amendments?

What was so wrong about the original document, that it needed to be changed so soon after it’s ratification?

It’s a mystery to me!

Posted by: Weary Willie at July 17, 2017 11:10 PM
Comment #418334

OK Weary I’ll bite.

The 11th Amendment gives states immunity in most cases for their actions. The same immunity the Federal government has. Why would they do this so quick after the first 10 amendments? IS 6 years that quick? The Chisoplm dcision by SCOTUS the previous year (1793) made it a necessity I would say.

OK your turn what am I missing? Seems kinda clear cut to me, no mystery.

Posted by: j2t2 at July 18, 2017 1:45 PM
Comment #418349

OK, good start! Georgia owed Chisholm some money and he sued. Georgia didn’t show up. In any other case in front of a judge Chisholm would have won the case, and did.

So the states got together and said, “Nope, we’re not going to pay.” and they passed the 11th amendment that said the states are immune to lawsuits filed by citizens and predated it to before the Chisholm lawsuit. Does this sound correct to you?

Posted by: Weary Willie at July 18, 2017 5:47 PM
Comment #418351
What was so wrong about the original document

As noted by j2t2, the original text of Article III trampled upon states’ rights by empowering US citizens to bring suits in Federal Court against states they did not reside in. This forced states (such as Georgia in Chisholm v. Georgia) to litigate suits in a Judicial system that they had no direct control over.

Posted by: Warren Porter at July 18, 2017 6:02 PM
Comment #418360

Chisholm lived in South Carolina and sold goods on credit to Georgia. Georgia didn’t compensate Chisholm so he sued Georgia. Georgia said it didn’t want to be sued and didn’t show up. The court ruled against Georgia.

Then the 11th was ratified and Georgia got it’s way.

Does that seem like Chisholm got screwed out of his compensation? Did the 11th amendment get passed just to let Georgia, or any other state, renege on it’s obligation by simply not agreeing to be sued?

Posted by: Weary Willie at July 18, 2017 6:51 PM
Comment #418375

The 11th Amendment doesn’t say that Georgia can’t be sued, only that they cannot be sued in Federal court or another state’s court. If Mr. Chisholm thinks he was wronged by the state of Georgia, he needs to sue Georgia in Georgia’s own courts.

Posted by: Warren Porter at July 18, 2017 8:58 PM
Comment #418380

That makes sense. Finally I got someone to explain it. It’s a small part of the 11th, but it was something that stymied me as to what the motive was.

Thanks to j2t2, also. For pointing me toward the Chisholm case.

Posted by: Weary Willie at July 18, 2017 10:50 PM
Comment #418704

This is really a great stuff for sharing. Keep it up. Thanks for sharing.

Posted by: at July 28, 2017 8:52 AM
Comment #418705

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Posted by: at July 28, 2017 8:52 AM
Comment #418953

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Posted by: kelly at August 3, 2017 2:35 PM
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