11th Amendment

"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."

This amendment to me points out again, how important it was for the Framers that there is not a too powerful central government. Citizens or the federal government should not be able to sue any state in any case in a federal court. Nevertheless, they can waive this right if it seems to be important to them.

"Obama Adminstration Violates 11th Amendment of Bill of Rights. Treason?

Phoenix : AZ : USA | Jul 07, 2010

By Rustyn Rose 

This week the Obama administration followed through on threats to sue the State of Arizona to block the enactment of the Senate Bill 1070 which is scheduled to take effect on July 29th. A bill which will allow Arizona law enforcement to enforce current Federal laws that the government has failed to do. Arizona is under attack from the south, and from Washington D.C.
Arizona Governor Jan BrewerJan Brewer is not backing down. “As a direct result of failed and inconsistent federal enforcement, Arizona is under attack from violent Mexican drug and immigrant smuggling cartels,” she said. “Now, Arizona is under attack in federal court from President Obama and his Department of Justice… These funds could be better used against the violent Mexican cartels than the people of Arizona.”
Peter Spiro, a Temple Law Professor, and international law expert does not believe Obama and the government have much of a case. In a recent He Wall Street Journal article Spiro said: “The lawsuit is not a slam dunk for the federal government, by a long shot, nothing in the Constitution says anything about immigration. But it goes back to the late 19th century, in which the power became vested in the general foreign affairs power.”

This is a violation of the 11th Amendment of the Bill of Rights. It's a violation of the Constitution.
"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."
In Short, the U.S. Government may not sue any State Government.
The Mexican/U.S. border is turning into a bloody siege, with bullets flying into American buildings and citizens. U.S. citizens are being kidnapped, threatened, and killed. U.S. officials are being threatened and killed, including threats against Arizona law enforcement members.
A few weeks ago, Arizona senator John Kyl met with President Obama in the Oval Office and discussed securing the borders, and according to Kyl was told that if the borders were secured the GOP would have no impetus to reform immigration policy.
"The problem is...if we secure the border then you all won't have any reason to support comprehensive immigration reform." Kyl said, quoting the President.
"In other words, they're holding it hostage," the Arizona senator continued amidst gasps from the audience. "They don't want to secure the border unless or until it is combined with comprehensive immigration reform."
Obama is not only holding security on our borders hostage, but the lives and well-being of the citizens he's sworn to serve.
Obama supporters and liberals can curse GeorgeGeorge BushBush (as they should) and the conservatives all they wish, but Obama's behavior borders on treason. He is now no better than Bush and Cheney, and arguably worse."

Source: http://www.allvoices.com/contributed-news/6255612-obama-adminstration-violates-11th-amendment-of-bill-of-rights-treason

This article to me is a little over the top. The governing body might act against the Constitutions and there could be some other way to stop this Arizona law. But, to me this law is ridiculous and as well unconstitutional as it is racist. Racist against Hispanic people to soley assume they might be illegal because of their appearance. So, in the end, both approaches are not right, but do two wrongs make a right?




This video shows in my opinion that there is a lot of grey area in the case of sueing a state and if this is constitutional. in the case of the Family Medical Leave Act it had to be looked at if in history there had been obviously a discrimination on a certain basis. This seemed to me a fair treatment as women are more assumed to care for family members than men (still) and therefore there had been the right to sue a state. Nevertheless, this is still to be decided on a case to case basis in front of the Surpreme Court as each case is different and might not aplly to any unconstitutionality.