The Eleventh 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.

In this amendment we can see that a citizen of the United States is not allowed to sue the State itself in a federal court, essentially telling the States that they must rule and judge on their own cases.  This is however waivable by the State if they wish to allow the federal government to hear the case.  This amendment came about due to the 1793 case of Chisolm v. Georgia.  This case had a citizen of one state suing another state in federal court, basically going against the soverignty afforded to the states such as we saw in the tenth amendment.  All in all a citizen cannot sue the state itself although it can sue personnel of the state in retrospect.

An Example of Citizen Suing a State Agency 

 

 

Here we see a citizen of the state of Oklahoma essentially having both his 8th amendment rights violated in the fact of trying to secure a license plate through the state.  The fact that he is suing the state agency over viewpoint discrimination is a valid one, especially after the state, via the interview, was recalled to having defended its position on several other plates denoting the opposing viewpoint of heterosexuallity.  The state affirms its position to the fact that it would disrupt the general public in their view of morality and could bring harm or other ill will to the plate holder.  Isnt this something that the person themselves should worry about as opposed to the state.  Yes maybe the state should worry about the fact there may be hate crimes commited against this individual but not allowing them to express this form of themselves yet allowing other to is total discrimination and a violation of the 8th amendment, as well as the 1st!!  Good on this guy for suing the state agency!

The Fed sues a State?!?!

 

This is the perfect example of why it is that there is a difference between federal and state governments, but along the same lines isnt the federal government we the people.  At the same time isn't this the people suing the state??  Why is it that the government  can sue the state but the people cant?  When the law the federal government makes isnt all inclusive, shouldnt it be the responsibility of the state to either take action or to put into place laws which will encompass all of what the federal law was supposed to??  Regardless koodos to Arizona, bully to the Fed!