Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
In 1787 and 1788, when the adoption of the Constitution was under
consideration by the people of the United States, conflicting views
were entertained as to the suability of a state by an individual for
the recovery of claims against it. Hamilton, Madison and Marshall
expressed the opinion that a state would not be suable by an
individual under the Constitution as drafted. A number of prominent
men, conspicuous among whom were Edmund Pendleton, Patrick Henry and
George Mason, were of opinion that the language of the judicial clause
conferred jurisdiction to entertain and determine such a suit. Some
urged this as an objection to the Constitution. Others, including
James Wilson of Pennsylvania and Edmund Randolph of Virginia, two of
the most distinguished lawyers and publicists of the day and members
of the Constitutional Convention, contended not only that jurisdiction
was conferred but that it was wise and necessary that such jurisdiction
should exist. Wilson urged that "when a citizen has a controversy
with another state, there ought to be a tribunal where both parties
may stand on a just and equal footing," and Randolph argued that the
jurisdiction would tend "to render valid and effective existing claims,
and secure that justice, ultimately, which is to be found in every
regular government." The Constitution of the United States was adopted
as submitted with the understanding that amendments would be promptly
proposed. The First Congress submitted twelve amendments, ten of which
were adopted, but the suability of a state was not mentioned in any of
them.
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