11th Amendment
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. (X)
What does this mean?
Well, let's take it into parts.
The Judicial power of the United States
The Courts of the United States...
[S]hall 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[.]
First let's take a look into history books:
Before the 11th Amendment, the Supreme Court went by Section 2 of Article III which allowed Federal Courts to hear the disputes between a State & Citizens of another State or Citizens or Subjects go a foreign State.
SPEEDY TRANSLATION: Basically if an American had a problem with the State next door, or if a Country had an issue with one of the States, all they had to do was bring the problem to the Supreme Court to reach a solution.
Now, the main reason this Amendment even became apart of the Constitution was because of the Chisholm VS. Georgia case.
At that time, citizens of one state could sue another state via the Supreme Court.
Why did Chisholm want to sue the State of Georgia?
Because they borrowed money from him during the Revolutionary War and basically he wanted his money back.
When the Supreme Court called the State of Georgia, they were basically like uh no I'm a State, this entire case is beneath me, this is not happening.
Well, it happened.
A South Carolina man sued the State of Georgia.
Then, many others began filling lawsuits against States - including a British man who sued Massachusetts for taking his property that he owned in America.
As stated by the 11th Amendment Legal Definition of 11th Amendment:
At the close of the American Revolution, each state was greatly indebted to foreign creditors for financial and other assistance received during the war. Congressional representatives feared that Chisholm would permit these foreign creditors to ask federal courts to force the fiscally troubled state treasuries to bear the burden of these debts.
SPEEDY TRANSLATION: There was a possibility that people from other countries would start banging on the White House door asking for money from the respective States that owed them money.
HENCE THIS AMENDMENT WAS BORN
It basically undid what was written in Article III Section 2.
So, this line, to add to the first part, means that the Federal Courts do not have the power to hear cases where a state is being sued by a person from another State. The States are legally protected from this - it is called Sovereign Immunity.
What is Sovereign Immunity & how did it come about?
It came from English Law that the Sovereign was immune from a suit without its consent (X).
The State is immune from being sued without consent by the Federal & State Courts.
[O]r by Citizens or Subjects of any Foreign State.
This means that the Supreme Court does not have the power to hear a case between a person from Another Country vs A State.
To Summarize:
‣ The Federal Court cannot hear a case between an Individual in one State VS. Another State.
‣ The Federal Court cannot hear a case between a Individual from one Country VS. A State.
‣ The State is immune from being sued unless they consent.
‣ State can only be sued in State Courts.
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In what ways has President Trump & his Administration done something that pertains to this Amendment:
Nothing at this time.
-If needed this will be updated from time to time.-
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Is there an Amendment you would like to know more of?
to be taken to a list & choose which one you would like to learn more about.
This is a series that is ongoing - Each Wednesday [ #WednesdayAmendment ] there will be an Amendment Explanation paired with what Trump & his administration have done that pertains to the Amendment discussed.
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