Posted on 04/25/2009 7:30:42 AM PDT by SunkenCiv
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.
(Excerpt) Read more at caselaw.lp.findlaw.com ...
In the 1980s four Justices, led by Justice Brennan, argued that Hans was incorrectly decided, that the Amendment was intended only to deny jurisdiction against the States in diversity cases, and that Hans and its progeny should be overruled. But the remaining five Justices adhered to Hans and in fact stiffened it with a rule of construction quite severe in its effect. The Hans interpretation has been solidified with the Court's ruling in Seminole Tribe of Florida v. Florida, that Congress lacks the power under Article I to abrogate state immunity under the Eleventh Amendment. That too, however, was a 5-4 decision, with the four dissenting Justices believing that Hans was wrongly decided.
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Great post.
Free the Marines and Border Patrol!
Thanks!
The court (4-1) held that Chisholm could sue Georgia under Article 3§2 of the Constitution, which extends federal judicial power to cases between a State and Citizens of another State. During the constitutional debates it was argued that the literal order of the clause was correct, a state may sue citizens of another state, but not vice versa.
Georgia refused to appear in federal court, in that it had already paid the agents, who were to pay Farquar, and claimed sovereign immunity.
After the court ruled against Georgia, the House voted 819 in favor of the proposed amendment, the Senate 232.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1147764
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