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Essay / Research Paper Abstract
This 3 page paper is a brief look at the Eleventh Amendment to the U.S. Constitution: What it is, when it was ratified, where it was originated and why it was needed. Bibliography lists 2 sources.
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3 pages (~225 words per page)
File: D0_HV11amnd.rtf
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it was needed. Discussion This is the Amendment itself: "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." A fairly clear explanation of it comes from
John V. Orth. In his book The Judicial Power of the United States, he writes that unlike the first ten Amendments, which comprise the Bill of Rights and are designed
to protect individuals, the Eleventh Amendment is designed to protect the states (Orth, 1987). The Amendment was adopted in order to overturn an earlier ruling by the Supreme Court: the
case of Chisholm v. Georgia, which it heard in 1793 (Orth, 1987). In this case, a man named Chisholm, from South Carolina, sued the state of Georgia; the new Amendment
was passed "to deprive federal courts of jurisdiction over suits against states by citizens of another state or by foreigners" (Orth, 1987, p. 7). The Amendment arose out of the
fear that a number of lawsuits would be filed by "British creditors and American Tories whose property whose property had been confiscated during the Revolution" (Orth, 1987, p. 7). The
case that started the furor, as mentioned, was Chisholm v. Georgia, which was heard by the Supreme Court. The case was about supplies sold during the Revolutionary War; they were
sold on credit "to the state of Georgia by a South Carolina merchant, Captain Robert Farquhar" (Coenen, 2004). Because Farquhar was a loyalist (loyal to the British cause), Georgia refused
to honor the debt (Coenen, 2004). After Farquhars death, his executor, Alexander Chisholm, who was also from South Carolina, "brought an action on the still-uncollected account ... in the Supreme
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