The Judiciary Can’t Have Too Much Power
The Eleventh Amendment to the Constitution, changed a portion of Article III, Section II of the U.S. Constitution. Even before ratification of the Constitution anti-federalists worried that Article III, Section II would interfere with the sovereignty of the individual states. The original Article stated that: the judicial Power shall extend to all Cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made under their authority; to cases between a State and Citizens of another State and between a State or the Citizens of it and foreign States. The anti-federalist believed this would allow the federal government to override the States right to not be subject to a suit without the States consent. The Eleventh Amendment changed this to say: the judicial power of the U.S. shall not be construed to extend to any suit in law or equity commenced or prosecuted against on the United States by citizens of another state, or by citizens of any foreign state. The United States were individual countries that got together under one big umbrella country for protection from foreign invaders. The states did not want to give up their …show more content…
This was like asking the State’s permission to bring a suit against them and then hoping that the State would rule in your favor. Not the best possibility maybe, asking the State to decide if they were in the wrong or not. The Amendment, however, did not preclude an individual in one State from suing another State in their own State’s court. So, an individual living in Virginia could bring suit against New Jersey in the Virginia court so they at least didn’t have to ask New Jersey to decide if the case would
The Eleventh Amendment to the Constitution, changed a portion of Article III, Section II of the U.S. Constitution. Even before ratification of the Constitution anti-federalists worried that Article III, Section II would interfere with the sovereignty of the individual states. The original Article stated that: the judicial Power shall extend to all Cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made under their authority; to cases between a State and Citizens of another State and between a State or the Citizens of it and foreign States. The anti-federalist believed this would allow the federal government to override the States right to not be subject to a suit without the States consent. The Eleventh Amendment changed this to say: the judicial power of the U.S. shall not be construed to extend to any suit in law or equity commenced or prosecuted against on the United States by citizens of another state, or by citizens of any foreign state. The United States were individual countries that got together under one big umbrella country for protection from foreign invaders. The states did not want to give up their …show more content…
This was like asking the State’s permission to bring a suit against them and then hoping that the State would rule in your favor. Not the best possibility maybe, asking the State to decide if they were in the wrong or not. The Amendment, however, did not preclude an individual in one State from suing another State in their own State’s court. So, an individual living in Virginia could bring suit against New Jersey in the Virginia court so they at least didn’t have to ask New Jersey to decide if the case would