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
In the light of the long-settled and well-known rules of the common
law, establishing the distinction between suits against the king
under the petition of right and suits against officers of the crown
for violating the legal rights of individuals, it is most significant
and persuasive, if not convincing, that the framers of the eleventh
amendment confined its language to suits directly against a state,
and did not attempt to prohibit suits against officers of a state
when acting as its representatives. They could hardly have intended
that such a principle as that "the king can do no wrong" should
have any place in our system of government to the prejudice of the
constitutional rights of individuals. We have no king to whom it can
be applied. They surely did not intend to afford less protection and
less redress against the invasion of the rights of citizens by those
in power than was afforded in monarchical England to the subjects of
the king. They could not have been ignorant of the famous cases which
had established the legal responsibility of all officers of the English
government and their subordination to the jurisdiction of the ordinary
courts of justice. They must have contemplated that state statutes
might be passed in conflict with the Constitution of the United States,
and that these statutes would necessarily have to be enforced or
attempts made to enforce them by state officers. And they must have
appreciated that if state officers, as agents of their respective
states, were granted immunity from suit in a court of the United
States because they were acting for and on behalf of their states, the
Constitution could in many respects be rendered wholly ineffective and
nugatory.
Public-domain text, read in full here on John Shaqi.
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