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.
Look at that second clause! "commenced or prosecuted ... by Citizens of another State". The third clause also refers to citizens.
This just means I cannot sue Pennsylvania in Federal court. And a Georgian cannot sue Texas in Federal court.
But Texas can sue Pennsylvania in Federal court because Texas is not a citizen of Texas -- Texas is a State, and the AG represents Texas as a State in Federal litigation, so the Texas AG has every right to bring suits against other States in Federal court.
And Article III, Section 2, second paragraph, of the U.S. Constitution says:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
which means that cases involving a State go straight to the Supreme Court. The 11th Amendment forbids suits by citizens of other States, but not by other States, so the Texas suit must go straight to the Supreme Court, and it can be heard because it's not ruled out by the 11th Amendment.
Playing Constitutional lawyer is relatively easy because the Constitution is very small and as long as you've been reading up on SCOTUS cases for a couple of decades then you can have a pretty good idea of what's up!
Of course, the SCOTUS has twisted various parts of the Constitution into pretzels. Very sad.
The 11th Amendment says:
Look at that second clause! "commenced or prosecuted ... by Citizens of another State". The third clause also refers to citizens.
This just means I cannot sue Pennsylvania in Federal court. And a Georgian cannot sue Texas in Federal court.
But Texas can sue Pennsylvania in Federal court because Texas is not a citizen of Texas -- Texas is a State, and the AG represents Texas as a State in Federal litigation, so the Texas AG has every right to bring suits against other States in Federal court.
And Article III, Section 2, second paragraph, of the U.S. Constitution says:
which means that cases involving a State go straight to the Supreme Court. The 11th Amendment forbids suits by citizens of other States, but not by other States, so the Texas suit must go straight to the Supreme Court, and it can be heard because it's not ruled out by the 11th Amendment.
I'm not a lawyer either! I just play one here.
Playing Constitutional lawyer is relatively easy because the Constitution is very small and as long as you've been reading up on SCOTUS cases for a couple of decades then you can have a pretty good idea of what's up!
Of course, the SCOTUS has twisted various parts of the Constitution into pretzels. Very sad.
Hmm?