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03-03-2008, 12:17 PM
| | Member | | Join Date: Feb 2008
Posts: 183
| | | 11th Amendment and Commerce Clause
What is the name of your state? N/A, but for discussion Texas
The 11th Amendment prevents an individual from suing a state in federal court. Quote: |
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.
| Why are people allowed to sue states in federal court under Commerce Clause violation theories?
Example: Hughes v. Oklahoma
Thank you! |
03-03-2008, 02:07 PM
| | Member | | Join Date: May 2007
Posts: 571
| | | We don't do homework. |
03-03-2008, 06:44 PM
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Posts: 183
| | Quote:
Originally Posted by LeeHarveyBlotto  We don't do homework. | If you think this is a homework question for a legal class, then you have undoubtedly never taken a legal class. Please don't waste time responding... |
03-04-2008, 06:22 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by JakeB If you think this is a homework question for a legal class, then you have undoubtedly never taken a legal class. Please don't waste time responding... | Thanks, we'll take you up on that. no one will respond. |
03-04-2008, 06:35 PM
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Posts: 183
| | Quote:
Originally Posted by fairisfair Thanks, we'll take you up on that. no one will respond. | But you just did, and you did so with another unresponsive post. Yay.  |
03-04-2008, 06:48 PM
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Posts: 29,043
| | Quote:
Originally Posted by JakeB But you just did, and you did so with another unresponsive post. Yay. | You are welcome.
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03-04-2008, 07:01 PM
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Posts: 9,771
| | Quote:
Originally Posted by JakeB But you just did, and you did so with another unresponsive post. Yay. | No I responded to your idiocy, not your question.  |
03-04-2008, 07:09 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | | I will however give you this. Look up Filburn; Filbert, or is that Delbert? Ah, we will just stick with Jack A.
and only because you need something to occupy your time other than annoying people.
Last edited by fairisfair; 03-04-2008 at 07:32 PM.
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03-04-2008, 07:41 PM
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Posts: 183
| | Quote:
Originally Posted by fairisfair No I responded to your idiocy, not your question. | LOL. You got me there. Except I'll disagree that it was idiotic to call out Mr. Homework. |
03-04-2008, 07:45 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by JakeB LOL. You got me there. Except I'll disagree that it was idiotic to call out Mr. Homework. | now run along and look up Filburn
by the way, we don't do homework, and that is a standard response. LeeHarvey was perfectly correct in giving it to you. |
03-04-2008, 08:19 PM
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| | Quote:
Originally Posted by fairisfair now run along and look up Filburn | Thanks for trying, but I don't think Wickard v. Filburn answers my question. That case made it clear that the feds can regulate commerce, but it doesn't explain why a private party can sue a state in federal court for violating the Commerce Clause.
What I'm saying is that some of the Commcerce Clause cases seem contradictory to the 11th Amendment. The 11th Amendment states that an individual cannot sue a state in federal court. Why was Hughes allowed to sue Oklahoma in federal court? Quote: |
by the way, we don't do homework, and that is a standard response. LeeHarvey was perfectly correct in giving it to you.
| It may be a standard response, but the assumption was not correct, and in my opinion there was no good reason to make that assumption. |
03-05-2008, 01:17 AM
| | Member | | Join Date: Feb 2008
Posts: 183
| | Quote:
Originally Posted by JakeB Thanks for trying, but I don't think Wickard v. Filburn answers my question. That case made it clear that the feds can regulate commerce, but it doesn't explain why a private party can sue a state in federal court for violating the Commerce Clause.
What I'm saying is that some of the Commcerce Clause cases seem contradictory to the 11th Amendment. The 11th Amendment states that an individual cannot sue a state in federal court. Why was Hughes allowed to sue Oklahoma in federal court? | Well, after much research I finally figured out the answer.
Thanks anyway people. |
03-11-2008, 12:23 PM
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Posts: 2,548
| | Quote:
Originally Posted by JakeB But you just did, and you did so with another unresponsive post. Yay. | if it was unresponsive then she really didnt respond did she |
03-11-2008, 06:18 PM
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Posts: 183
| | Quote:
Originally Posted by VeronicaLodge if it was unresponsive then she really didnt respond did she | Unresponsive to the question. |
03-11-2008, 06:24 PM
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Posts: 21,653
| | Quote:
Originally Posted by JakeB Well, after much research I finally figured out the answer.
Thanks anyway people. | Sounds good - glad you found the help you needed!
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