The 11th Amendment

By Tim Guidera - bio | email

SAVANNAH, GA (WTOC) - Even ratifying the first ten amendments, the Bill of Rights, was not believed at the time to have resolved every oversight of the constitution. That became even more clear just four years later with the addition of the 11th amendment.

That one just might have raised more issues than it addressed. Originally limiting citizens of one state from suing another state in federal court, the amendment has been subject to interpretation, challenge and exception.

"There are cases where on the border certain states are having kind of legal contests," explained State Representative Jack Kingston. "We've got that going on right now with Florida and Alabama over the Georgia waters. We've actually historically seen it over the boundary with South Carolina. Years ago, Georgia's Department of Transportation purchased land in South Carolina for the Savannah River spoilage. South Carolina condemned it and took it back and that's the kind of things you have, you have limited jurisdiction in another state."

The 11th Amendment was quickly challenegd because among other things the president did not sign the amendment bill. But the Supreme Court rejected the challenge.

Copyright 2010 WTOC. All rights reserved.