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The Supreme Court Fails Its First Test
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The legal concept of state sovereign immunity has been controversial since the ratification of the Constitution in 1789. In 1793 the Supreme Court ruled that the states had no sovereign immunity in the famous case of Chisholm v. Georgia. This ruling was reversed by the Eleventh Amendment to the Constitution. The Eleventh Amendment itself has also been very controversial. We study the history and development of sovereign immunity jurisprudence from the Founding of the United States until the present time. The controversy had a resurgence beginning in the 1960 s led by Justice William Joseph Brennan, Jr. who argued that state sovereign immunity had no constitutional basis. This has been the position of the Court liberals. The Rehnquist Court ruled that state sovereign immunity is embedded in the Tenth and Eleventh Amendments to the Constitution. This book argues that state sovereign immunity is embedded in the Constitution itself whether part of the Tenth and Eleventh Amendments or not.
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