Quick history thread by Paralegal Afro. All roads lead to Georgia. An arrogant state. States primarily have sovereign immunity. Art 3 allowed federal courts to hear disputes between a state & citizens of another state. Chisholm v Georgia 1793, Chisholm of SC sued Ga for unpaid..
Debts during the War 1776. Arrogant GA claimed fed courts weren't allowed to hear the suit against states and didnt show up to court. SCOTUS. (True story) 1793 SCOTUS rules Chisholms suit against GA can proceed in fed court. It relied on the text of Art 3. Enter the 11th Amend..
11th Amend was passed to overturn the Chisholm v Ga ruling. Arrogant Ga believed it had sovereign immunity & couldnt be sued without ITS consent. This is why TEXAS v GA etc is so important. The intent of the 11th was to stop federal lawsuits against states. BUT WAIT THERES MORE!
There are 4 basic interpretations of the 11th.
1. Ga believes the amend reads nobody can sue a state in fed ct without GA's consent.
2. Some believe it permits a state to be sued by a citizen (ex Trump) of another state but not a Ga citizen.
3. Some believe it prohibits suits
Against a state by a citizen of a different state.
4. Says that basically fed courts cant hear cases against states but Congress can take away a sovereign immunity. That state no longer protected.
Now its tricky. If a state violates federal law the state itself cant be sued..👇
A federal court can order state officials in their own name to comply. 1908 Ex Parte Young a state official enforcing an unconstitutional state law is a private person while remaining a state agent. Jeb Bush tweeted SCOTUS would throw Texas V Swing out. WRONG! Almost done👇
SCOTUS has original jurisdiction over state v state. Trump is a private citizen enjoining the suit with TX. Why?Because arrogant Ga can claim sovereign immunity. The Swingers violated the Elections Clause thereby diluting the votes of millions SCOTUS must provide equitable relief
Tell Jeb I said SCOTUS has equity jurisdiction.
Federalist 80, there is hardly a subject of litigation between individuals..ingredients of fraud, accident,trust,hardship..great and primary use of a court of equity is to give relief in extraordinary situations.
The End
I'm good.
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