Issue #918 The Choice, Friday, August 29, 2025
Every Friday until the end of 2025, we will publish a post about each of the 27 Amendments to the Constitution.
As we know, the current adminstration is repeatedly just ignoring the Constitution. The #ConvictedFelon and #AdjudicatedRapist now occupying the People’s House has actually said that he can do “whatever” he wants to do.
Many people are now filing suits dealing with the lawlessness of this administration, but the Supreme Court, which is supposed to be the “last word” on the Constitution, isn’t helping.
That’s why it’s important to understand state sovereignty.
The text of the 11th Amendment reads:
“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.”
Ratified on February 7, 1795, the 11th Amendment was primarily designed to limit the ability of individuals to bring suits against states in federal court. A direct response to the Supreme Court decision in Chisholm v. Georgia (1793), which allowed a South Carolina citizen to sue the state of Georgia, the amendment sought to reaffirm state immunity from certain types of legal liability.
While the amendment might seem like a relic of the past, discussions around state sovereignty have become especially significant in areas such as healthcare, environmental regulation, and voting rights.
The Affordable Care Act (ACA), for instance, has seen states asserting their sovereignty by challenging federal mandates. Some states argue that federal overreach infringes upon their rights to manage healthcare systems that best suit their populations.
Similarly, environmental regulations established by federal agencies often encounter resistance from states, which claim that their unique ecological and economic landscapes require tailored solutions.
Voting rights also highlight the delicate dance between state control and federal oversight. States have historically managed elections, yet federal interventions aimed at preventing discrimination and ensuring fair access to voting frequently lead to constitutional debates about the extent of state sovereignty.
The Supreme Court plays a pivotal role in interpreting the 11th Amendment and all Constitutional amendments. and its applications. In recent decades, the Court's rulings have occasionally expanded the doctrine of state sovereign immunity, reinforcing the limitations on individuals seeking to sue states in federal court.
For example, in Seminole Tribe v. Florida (1996), the Court reinforced the principle that Congress cannot use its Article I powers to abrogate state immunity, a decision that has significantly influenced federal-state relations.
As we examine the 11th Amendment, it is clear that the amendment serves as a reminder of the founding principles that sought to balance the powers of the United States' federalist system.
Have you ever considered how the 11th Amendment applies to you?
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Good one. Thank you. Any stick to hit them with.