Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Of the important questions of constitutional law now before the
country, none more vitally affects the peace and harmony of our dual
system of government than that of the power of a federal court to
enjoin a state officer from enforcing the provisions of a state statute
which is in conflict with the Constitution of the United States.
This question usually arises in connection with the eleventh article
of amendment, which provides that "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."
Serious controversies regarding the issuance of injunctions by federal
courts against state officers have arisen in New York, North Carolina,
Alabama, Missouri, Kansas, Minnesota, and other states. A convention
of attorneys-general from a number of states, held at St. Louis in
September and October, 1907, adopted a memorial to the President and
Congress praying that the jurisdiction of the circuit courts of the
United States might be curtailed in respect of suits brought to
restrain state officers from enforcing state laws or the orders of
state administrative boards. The President in his annual message to
Congress called the matter to the attention of that body, and stated
that discontent was often expressed with the use of the process
of injunction by the courts where state laws were concerned. The
assembling of Congress was marked by the introduction of numerous bills
to curtail the power of the federal courts to issue injunctions and by
the offering of several joint resolutions to amend the Constitution
of the United States, which had the same object. The question will,
perhaps, figure prominently in the next presidential campaign. It may,
therefore, be appropriate to review at this time the history of the
eleventh article of amendment to the Constitution of the United States
in order to see what light that history throws upon the purpose of its
framers. Did they intend, in prohibiting suits by an individual against
a state, to deny to the courts of the United States the power to enjoin
a state officer from enforcing a state statute in conflict with the
Constitution of the United States?
Public-domain text, read in full here on John Shaqi.
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