Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The proposed amendment was debated to some extent in the Second
Congress, but it was not passed. In the Third Congress, on January
2, 1794, Caleb Strong, one of the senators from Massachusetts, moved
the adoption of a resolution which changed the form of the proposed
amendment so as to read as follows: "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."
The amendment was finally accepted in this form on March 4, 1794, and
was at once submitted to the legislatures of the several states for
ratification, but up to March, 1797, there were still eight states
which had not acted upon it, probably because the political clamor
had subsided, and there was no longer any demand for amendment. In
fact, Congress had to request the President to communicate with the
outstanding states upon the subject. Finally, in a message from
President Adams to Congress dated January 8, 1798, the proposed
amendment was declared to have been ratified by three-fourths of the
states, and it thereupon became the eleventh article of amendment to
the Constitution of the United States. New Jersey and Pennsylvania had
refused to ratify it, while South Carolina and Tennessee had taken no
action.
The unusual and peculiar wording of the amendment first attracts
attention. Instead of declaring how the Constitution shall read
in the future, it declares how it shall "not be construed." This
phraseology was used for political reasons and as a concession to the
susceptibilities of the advocates of state rights. Extremists wanted a
declaration that would not only overrule the recent construction of the
Constitution by the Supreme Court and deny that such a power had ever
existed, but would also oust all jurisdiction in pending as well as in
future cases. The amendment, therefore, does not purport to amend or
alter the Constitution, but to maintain it unchanged, while controlling
its scope and effect by authoritatively declaring how it shall not be
construed.
Public-domain text, read in full here on John Shaqi.
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