From: Jim Choate <ravage@ssz.com>
Date: Mon, 29 Dec 1997 22:53:03 +0800
To: cypherpunks@ssz.com (Cypherpunks Distributed Remailer)
Subject: Re: constitution.amendmentxi.html (fwd)
Message-ID: <199712291511.JAA01429@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text



Forwarded message:

> From: "William H. Geiger III" <whgiii@invweb.net>
> Date: Mon, 29 Dec 97 08:32:34 -0600
> Subject: Re: constitution.amendmentxi.html (fwd)

> >Of note is that this amendment *only* covers cases where a citizen sues a
> >*single* state, not 49 of them.
> 
> >There is no Constitutional rule that covers the process between a
> >individual and more than a single state. It simply ain't there.
> 
> Well considering that the Constitution is a *limiting* document, if the
> powers are not explicitly given to the Federal Government they don't have
> them.
> 
> Soooo, in the case of a citizen sues multiple states the Federal
> Government still has no juristiction as they have never explicitly been
> given that power.

So what you are saying, though I doubt you realize it, is that a citizen
*can't* sue 2 or more states as a group. They *must* sue singly and in the
individual state courts.

Of course, this isn't explicity described either, so where does this
authority come from?

This means there is no way to sue states as a group for their actions in
regards to relations to the federal government. So the federal government
can require the states to do all kinds of things and I as a citizen and
effected by those actions can't sue the states but only the federal
government.

Interesting hole. I wonder if it will hold up.


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