Misuse of the 11th Amendment   Leave a comment

The 11th Amendment – which basically says that the citizens of Michigan can’t sue the State of Massachusetts because they allowed gay marriage – should probably be scrutinized, not for what it says, but for how it has been interpreted by the modern SCOTUS to claim that citizens of Massachusetts cannot sue the State of Massachusetts because it allowed gay marriage. It has also been interpreted to mean that the states surrendered the sovereign immunity from federal suits when they ratified the Constitution.

So, the federal government decides that we all have to accept abortion and all the states have to roll over and take it. Does that sound like something the Founders would have agreed to? Hell, no!

Obviously this needs to be reconsidered because citizens of a state should have the right to bring suit against their state and federal governments when those governments violate our natural rights. To deny that is to abrogate certain principles of self-government. And the interpretation against the clear reading of the text must also needs to be dealt with. Seriously, the English language has not changed that much since the writing of the Constitution. The claim to fuzzy interpretation is just a way to get around the intent of the amendment. One reason for an Article V convention would be to clear up the confusion caused by interpretative manipulations.

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