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Quiet Em

(1,740 posts)
Fri Jan 17, 2025, 01:50 PM Jan 17

On Jaunary 8, 1798 the 11th Amendment to the Constitution was officially ratified when President Adams

announced that it was now deemed part of the Constitution.

That's the precedent for today's announcement.

7 replies = new reply since forum marked as read
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On Jaunary 8, 1798 the 11th Amendment to the Constitution was officially ratified when President Adams (Original Post) Quiet Em Jan 17 OP
Did the 11th amendment exceed the deadline by 40 years? MichMan Jan 17 #1
Or states SickOfTheOnePct Jan 17 #2
The ERA is now officially ratified. Quiet Em Jan 17 #3
Is it on any official government list? Polybius Jan 17 #5
Thread winner by a mile Polybius Jan 17 #4
The 11the Amendment applies to the TikTok ban more than anything. LeftInTX Jan 17 #6
It's not 1798 anymore. mahatmakanejeeves Jan 17 #7

MichMan

(14,691 posts)
1. Did the 11th amendment exceed the deadline by 40 years?
Fri Jan 17, 2025, 02:08 PM
Jan 17

It was ratified by the states less than one year after passing congress, not forty years after the established deadline

LeftInTX

(32,761 posts)
6. The 11the Amendment applies to the TikTok ban more than anything.
Fri Jan 17, 2025, 02:41 PM
Jan 17

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.

International law scholar Thomas H. Lee argues that foreign states were intended to be excluded from the Eleventh Amendment's prohibition—i.e., that foreign governments would still be permitted to sue state governments.[14] However, in Principality of Monaco v. Mississippi, 292 U.S. 313 (1934), the Supreme Court ruled that the amendment also protects states from lawsuits by foreign entities, which Lee considers a departure from established jurisprudence;[15] his thesis is that the Eleventh Amendment exempted foreign governments in order to allow recourse for violations of treaty obligations, which in turn promoted positive and peaceful foreign relations between a fledgling U.S. and the international community.[15] Lee likewise argues that the Eleventh Amendment reflected the international legal principle of sovereign equality, whereby foreign states were of equal legal status to the U.S. states, and as such could bring lawsuits.[16]

mahatmakanejeeves

(64,004 posts)
7. It's not 1798 anymore.
Fri Jan 17, 2025, 02:42 PM
Jan 17
1 U.S. Code § 106b - Amendments to Constitution

Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States.

(Added Oct. 31, 1951, ch. 655, § 2(b), 65 Stat. 710; amended Pub. L. 98–497, title I, § 107(d), Oct. 19, 1984, 98 Stat. 2291.)

Full disclosure: IANAL
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