What makes an originalist?--eleventh amendment issues
rs at robertsheridan.com
Sun Nov 9 09:20:39 PST 2008
On Nov 9, 2008, at 8:59 AM, Kurt Lash wrote:
> Historical evidence indicates that the "retained rights of the
> people" in the Ninth Amendment included the retained rights of the
> people as sovereigns in the several states, and this included the
> sovereign right of immunity from suits brought by individuals
> without the consent of the people's government--the state.
How can we have sovereign immunity in a republic, especially where the
people are said to be the sovereign themselves and wish to sue their
non-sovereign creature government (a republic, not a kingdom, recall)
for wrongs done to the real sovereign, the superior people?
Did the sovereign people grant their government sovereign immunity or
was this sprung against them by surprise by monarchical justices for
the benefit of the government?
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