The United States Constitution, Part 10
Each Amendment to the Constitution came about for a reason – to overrule a Supreme Court decision, to force a societal change, or to revise the details of the Constitution. ~ www.usconstitution. net
The time is now near at hand which must probably determine whether Americans are to be freemen or slaves; whether they are to have any property they can call their own; whether their houses and farms are to be pillaged and destroyed, and themselves consigned to a state of wretchedness from which no human efforts will deliver them. The fate of unborn millions will now depend, under God, on the courage and conduct of this army. Our cruel and unrelenting enemy leaves us only the choice of brave resistance, or the most abject submission. We have, therefore, to resolve to conquer or die. ~ George Washington, address to troops, August 27, 1776
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.
“This Amendment has an interesting history. When the nation was younger, the states were militantly alert to protect themselves from any intrusion by the federal government. All of the states were very nervous about the situation when Chisholm v. Georgia came about because many of them were under water financially after the ravages of inflation in the post-Revolutionary period and many were deeply in debt.” (The Making of America by W. Cleon Skousen)
The very first amendment after the Bill of Rights was ratified was very short – only 43 words – and came about fairly quickly. It was intended to reign in the power of the Supreme Court but has been interpreted in at least four ways since. Congress felt that the Supreme Court had overstepped its bounds in Chisholm v. Georgia and wanted to make sure it would be prohibited from doing so in the future by overturning their decision.
In Chisholm v. Georgia, Alexander Chisholm of South Carolina filed suit against the State of Georgia for breach of contract, seeking payment of goods supplied to Georgia during the War for Independence. Georgia refused to go along, saying that Chisholm couldn’t sue a state without its consent because it possessed sovereign immunity from suit. The Supreme Court didn’t like that argument – not surprisingly, because this immunity thing cut the Court’s power – so the Court ruled in favor of Chisholm and ruled that Article III, Section 2 of the Constitution needed a little tweaking. Congress was quick to change that notion. In fact, such was the outcry against that decision that two days after the Supreme Court made that decision, Congress had a proposal before it which was to become the 11th Amendment. (The system works so well when we have an informed citizenry!!)
The Chisholm v. Georgia case was decided in 1793, a short five years after the ratification of the Constitution, and in it the Court had ruled that federal courts had the authority to hear cases in law and equity brought by private citizens against states and that the states had no sovereign immunity from any Tom, Dick and Harry who wanted to sue them.
The very construct of the Constitution, the essence of the formation of the United States of America, is founded on the principle of eliminating tyrannical government; the construct that the government cannot do whatever it wants; the principle that all stand equal before the law and that all parties to suits are entitled to impartial decision makers, etc.
Consequently, the establishment of the 11th Amendment is based upon the principle that the judiciary, which consists of a group of individuals who are employed by the State, naturally has no authority to preside over a case brought against their employer, the State. (libertyforlife.com) It would be a gross conflict of interests at the very least. (So how has THAT worked out for us??)
So, what are the two powers through which the courts must operate? Judicial power and jury power. Suits brought against the State can naturally only be adjudicated by a jury, because the judicial power is compromised. In a trial by jury, the judiciary has no function. It cannot weigh the merits of a case nor dismiss it. Those functions are absolutely and completely reserved for the jury. If it were otherwise, the case would become a trial by judge who would then have the power to influence the outcome of the trial by ordering the withholding of evidence or witnesses, for example. (Just look at the current cases in the West concerning the Bundys and the Malheur defendants in a courtroom where no pocket constitutions are allowed and the Federally-appointed judge demands the Patriots be brought before her in chains . . do we live in America or North Korea???)
One of the key reasons the courts are so utterly corrupt in the United States today is because judges rush in and take control of trials by jury, thereby exceeding their jurisdictions and, according to the law, those judges are committing treason by perverting the very construct of the law and order and governance in the nation. Judges so readily commit treason in our courts because they know the appeal process offered to those who commit treason against it is made up entirely of appellate courts consisting of judges employed by the State!. ~ libertyforlife.com
So it’s a no-lose system for the empowerment of the judges, employed by the State which is being sued.
The Judiciary and Executive Office have now become so completely out of control – as we see daily in this country – that they themselves now make law, which is EXPLICITLY PROHIBITED in our Constitution. Only the Congress of the United States is empowered to make laws, because they represent us, the citizens of the United States, in whom all power resides.
To review: there are only two ways to decide a case in a court of law: either by jury or by judge. The very process of Trial by Jury was given to our nation so that judicial corruption could be overcome. The reason our Founders gave the jury the power to decide both the law and the fact is because they knew that the government and, in particular, the judiciary could become corrupt over time. (libertyforlife.com)
And how they have!
References: The Making of America by W. Cleon Skousen, libertyforlife.com, www.usconstitution.net, www.dummies.com/education, yahoo.com, www.quora.com, https://constitutioncenter.org, The Words We Live By by Linda Monk, The US Constitution