The Judicial Power Of The United States Essay example

717 Words Nov 8th, 2015 3 Pages
The Eleventh Amendment was ratified in 1795, which only contains 43 words and was interpreted at least four times during the course of American history. The 43 words that make up the eleventh amendment are…
“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 1793 the eleventh amendment was passed to overturn a Supreme Court ruling of Chisholm v. Georgia which lead the Eleventh amendment to pass. This ruling had involved Alexander Chisholm who was from South Carolina, whom filed a suit against Georgia for a breach of contract in regards to seeking a payment for goods supplied to the state of Georgia during the War of Independence. Georgia refuse to acknowledge this suit due to sovereign immunity. Sovereign immunity “is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution.” The courts point of view of this argument was they weren’t in favor of it due to it limiting the courts power. Court ruled that Article III, Section 2 of the constitution which is in favor of Chisholm. Article III, Section 2 took away Georgia’s sovereign immunity “because in the list of cases that could be heard by the U.S. Supreme Court that section included “Controversies . . . between a State and Citizens of another State.” As…

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